What is an Immigration Bond?

Hands in detention center

Thousands of non-citizens are held in detention facilities annually, awaiting court proceedings to determine whether they will be deported or allowed to remain in the United States. In certain circumstances, a non-citizen can be temporarily released from custody upon the payment of a bond. Please continue reading to learn who is eligible to receive an immigration bond and why connecting with a skilled Essex County Immigration Attorney is in your best interest. 

How Can I Obtain an Immigration Bond?

The United States Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) have the authority to detain noncitizens in detention facilities for various reasons including securing their presence for immigration proceedings or removal from the country. Depending on the unique circumstances of your case, you may be granted a bond.

An immigration bond is essentially an amount of money that you pay as a guarantee that if you are released, you will attend all of your court hearings. You are promising, that if they release you from detention, you will comply with the judge’s order, even if that includes being deported. This payment serves as collateral if you fail to appear for any of your future hearings or don’t adhere to court order, the funds you paid for your conditional release will be relinquished to the court. If you comply with the terms of your temporary release, you will receive the money back once your case is settled. It’s important to note that most bonds start around $1,500, but the specific amount is set by ICE based on various factors including the following:

  • How long have you been in the United States
  • Whether you have any family members in the United States
  • Criminal convictions
  • Employment history
  • Immigration violations (if any)
  • Any other relevant factors

What Happens if the Judge Doesn’t Give Me a Bond?

A detainee is generally eligible for a bond if they can prove that they are not a danger to public safety and do not pose a flight risk. In some cases, a detainee is not eligible for a bond. For instance, some criminal convictions make you ineligible for a bond such as drug crimes and aggravated felonies. In addition, you are not eligible for a bond if you were detained entering the United States, if you have been deported before, or if you have a final deportation order. If you satisfy the requirements, ICE will notify you if a bond has been set or if it will be denied.  If a bond has not been set, during your initial court hearing, you will be responsible for requesting it. Once you request it you must prove that you satisfy the eligibility requirements. If you cannot afford to post the bond yourself, it’s possible to have another person post one on your behalf.

If you are being held in an ICE detention center, please don’t hesitate to contact an experienced attorney from the Law Offices of Christopher T. Howell, Esq., who can help fight for your freedom. Connect with our dedicated legal team to learn more about how we can assist you through these complex matters.