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Immigration Bond Procedures

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Author: Massiel Silva Tadeo, Founder, Tadeo & Silva

Attorney Massiel Silva Tadeo is a partner and owner at The Tadeo & Silva Law Firm. She specializes in removal (deportation) defense, family immigration, and hardship waivers. Updated on: December 18, 2023.

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What You Should Know about Posting an Immigration Bond

An immigration bond is money paid to the Department of Homeland Security to secure the temporary release of an alien in removal proceedings. The bond acts as an assurance that the detained person will not abscond and will be present for future hearings. If the foreign national adheres to the bond terms, the money will be returned to them upon the case’s conclusion.

If your loved one is being detained by U.S. Immigration and Customs Enforcement (ICE), they may be able to get their freedom temporarily by posting a bond. However, the decision to grant a bond is discretionary and entirely up to the immigration judge. If you want to help, you must understand the immigration bond procedures.

This article outlines what you need to know about immigration bonds and the process of applying for and posting bond. If you need assistance with deportation proceedings, do not hesitate to contact us at Tadeo & Silva Law for legal representation and guidance.

Understanding Immigration Bond Basics

An immigration bond can help a detained alien get released from ICE custody during the pendency of their removal proceeding. However, not all detainees are granted bond.

If granted a bond, the immigration judge will determine the bond amount. The minimum amount for a delivery bond is $1,500. However, there is no upper limit. The bond amount may be high depending on the factors surrounding their arrest and detention.

Bonds can be posted online. Contact the nearest ICE field office for guidance if you need to post bond in person.

Types of Immigration Bonds

  • Voluntary departure bond: Voluntary departure is a form of immigration relief that allows a noncitizen of good moral character to return to their country of their own accord without being deported. People facing ICE deportation can apply for this relief. If granted, they may need to pay a bond, which would be returned to them once they comply with the terms of the voluntary departure.

  • Delivery bond: This is the most common type of immigration bond. This bond allows detainees to be released pending the conclusion of their immigration court proceedings.

  • Order of supervision bond: An order of supervision (OSUP) is a way in which the ICE keeps track of specific individuals who were formerly detained pending the issuance of their final deportation order. A person issued an OSUP may also be asked to post a bond. Once they perform the bond conditions and surrender for removal, the bond is returned to them.

Eligibility for Immigration Bond

Eligibility for bond is affected by factors like how you entered the U.S., where you were apprehended, why you were apprehended, and your criminal history. You will likely be deemed ineligible for bond if the following apply to you:

  • If you were detained by ICE while trying to enter the U.S. at a port of entry (border, airport, etc.).

  • If you are removable from the U.S. on the grounds of terrorist activities.

  • If you entered the U.S. unlawfully, have no legal status in the country, and have been convicted of:

    • A crime involving moral turpitude;

    • A drug offense;

    • Two or more offenses, which attracted a combined sentence of up to 5 years;

    • Prostitution or hiring a prostitute;

    • Terrorism.

  • If you entered the U.S. lawfully or have legal status in the country and have been convicted of:

    • Two or more crimes of moral turpitude;

    • Aggravated felony

    • Drug offenses (with exceptions);

    • Firearms offenses;

    • Specific federal crimes like spying;

    • One crime of moral turpitude for which you received a sentence of up to one year and was committed within five years of being “admitted” into the U.S. or obtaining lawful immigration status.

Procedures for Securing an Immigration Bond

After being detained, noncitizens are taken to an ICE office, where an initial custody determination is carried out. ICE may decide to release the person with or without bond or keep them in custody. If ICE decides to detain the person or release them on bond but sets it at a very high amount, the person may request a bond hearing.

Bond hearings are held in front of an immigration judge. During a hearing, the judge reviews the case to determine whether a detainee is eligible for bond or whether the bond amount can be reduced.

If your request is denied, you can appeal to the Board of Immigration Appeals. If your request is granted, there are two ways the detainee, their family, or friends can pay the bond:

  • By paying the bond directly to ICE in full;

  • By paying a percentage of the money to an immigration bond company, which will then post the total amount to the DHS.

Our Atlanta deportation lawyer can assist you through the immigration bond hearing to improve your chances of success.

After Securing the Bond

The detainee must meet certain obligations after paying the bond and getting released. Failure to meet these obligations can have harsh consequences.

Responsibilities and Obligations

The primary responsibility of a person released on bond is to attend all future immigration hearings and interviews. They may also be required to attend regular check-ins and keep the DHS informed on their movements and whereabouts. Lastly, they may face travel restrictions.

Potential Consequences of Violations

Failure to adhere to the terms on which the immigration bond was granted will first lead to a forfeiture of the bond money. Secondly, it can lead to an immediate deportation order without being allowed to give evidence before a judge or apply for permission to stay in the country. If this happens, the noncitizen will be unable to re-enter the U.S. for at least five years and, in some cases, forever.

Need Help With Your Immigration Bond? Contact Us Now

The immigration bond process is technical. It requires understanding the procedures involved, eligibility criteria, and options for posting bond. The assistance of a reliable immigration attorney can help your loved one get bond and regain their freedom.

The attorneys at Tadeo & Silva Law have years of experience handling cases at Atlanta’s Immigration and Customs Enforcement (ICE). Our firm takes a client-centric approach to dealing with these cases. We prioritize open and honest communication to ensure the best possible outcome. In addition, our lawyers are compassionate and understanding, so you can rest assured that your loved one’s case will be handled with the highest sense of responsibility.

Reach out for a consultation today.

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