Did the Immigration and Customs Enforcement (ICE) detain someone close to you? In many cases, immigrants with illegal status cannot post their own bail. However, as a U.S. resident, you may have various options to secure your loved one’s release.
At Apex Bail Bonds, we can help. Use our 24/7 bail hotline to speak with one of our affordable bail bondsmen in North Carolina and Virginia.
How Do Immigration Bail Bonds Work?
When an immigrant commits an offense or enters the U.S. illegally, local law enforcement will arrest them and take them into custody. Then, the police will transfer the immigrant to a United States Immigration and Customs Enforcement (ICE) Facility, where a thorough investigation into the case will take place.
ICE will also assign an alien number to the detainee and determine their immigration bond status. If ICE finds that a detainee has lawful status in the U.S., they may be eligible to post an immigration bond. If your family member is eligible for a bail bond, our team at Apex Bail Bonds can provide an immigration bail bond to secure their release from the ICE center.
The Immigration Bonds Hearing
If the detainee is not eligible for an immigration bond, ICE will schedule an immigration bond hearing.
The immigrant or their family may also be unable to afford the immigration bond payment. In this case, arranging an immigration bond hearing is possible with a motion for bond redetermination.
During the immigration bond hearing, a judge will determine if the court can award an immigration bond to the detainee. The court will consider various factors to determine the immigrant’s eligibility for bail, including the detainee’s:
- Financial stability
- Immigration violation history
- Criminal history
- Community and family ties in the U.S.
- An immigration sponsor letter from someone who is a legal United States resident
- Copies of a marriage certificate or children’s birth certificates
- Proof of volunteering efforts or a local church membership
- Paycheck stubs, employment agreements, or property deeds
Types of U.S. Immigration Bonds
The bail amount that the judge sets provides the court with the security to release the detainee until the first hearing date when the detainee must return. If the detainee fails to appear or violates any laws, they will forfeit the immigration bond amount they posted as collateral.
Two types of immigration bonds exist:
- Delivery bonds
- Voluntary departure bonds
A delivery bond is similar to a conventional bail bond in that the court releases the detainee on condition that they appear for all hearings and comply with all laws. This type of bond allows the detainee to seek legal representation, build their defense, and lead a relatively normal life while awaiting trial. Another notable aspect of a delivery bond is that the detainee doesn’t need to leave the country.
Most detainees pursue a delivery bond, especially if they have family in the U.S. While ICE will release a detainee under a voluntary departure bond, this type of bond is not desirable.
Under a voluntary departure bond, the detainee must leave the country at their own expense and within a specific period – usually within 120 days. If the detainee fails to leave the country within this time, an order of involuntary removal may follow. Failure to leave may also result in a civil penalty of up to $5,000.
The courts only set voluntary departure bonds under specific circumstances, and delivery bonds are the most common.
Processing an Immigration Bond
If the bond amount is relatively low, any person over 18 who is lawfully in the U.S. can process an immigration bond payment on behalf of an ICE detainee. If an immigration judge grants your family member bail, you can process their bond at the local ICE office. The office will only accept a cashier’s check. This check must be payable to the Department of Homeland Security.
24/7 Bail Hotline – Speak to a Bail Bondsman Now
If you can’t afford to process a family member’s immigration bond, you need the bail bond services we offer at Apex Bail Bonds. Our Bail Hotline is available 24/7, and we will help you navigate the entire immigration bond process to secure your loved one’s release as soon as possible.
We offer affordable bail bonds with flexible payment options. Please speak to one of our bail bondsmen now.
