Posting Bond While in Immigration Detention

At the beginning of a deportation case, an immigrant will be detained by Immigration and Customs Enforcement (ICE) during the proceedings. An immigrant could also be held in a local jail. In this situation, the immigrant may obtain a bond to be released from custody.

Immigration Detainers
ICE works with jails to screen each person who is booked into it. The immigration status of every individual is determined. Each immigrant will have their fingerprints taken and be questioned. The information they provide is checked on a nationwide database. If it is determined that removal proceedings are necessary, an immigration detainer will be issued. Once this is done, the immigrant will be placed into ICE custody after being released from jail. Should a bond be posted for a criminal charge, the person will be taken to immigration detention. They won’t be released from jail.

Parole Determination
After being taken into custody, an ICE officer can continue detaining the individual or release them on parole. This often happens if there is a humanitarian reason. It could involve taking care of children as well as for health reasons and more. Should parole not be given, they will be held at a detention facility until their hearing in front of a judge from an immigration court.

Immigration Court Bond
Once removal proceedings have started for someone placed in an immigration detention center, the filing of a bond motion can be done with the Immigration Court. At this time, two factors will be considered. If the person is a danger to the community and if they are a flight risk. If eligible, a bond can be granted by the Immigration Court. These bonds will be a minimum of $1,500 and can be as high as $10,000 or more.

Not Flight Risk
A person can prove they are not a flight risk is they have ties in the community. It will help if the individual has family members who are permanent residents or US Citizens. Their family is living in the United States,or they have a marriage green card. A copy of a lease agreement or proof of property ownership also helps. Letters from family, friends, employers stating an individual are of good character will demonstrate ties within a community.

Not A Danger to Community
Should a person have prior criminal charges or convictions, they will have to be addressed. The Department of Homeland Security can obtain local and state police reports. They also can also obtain any statements a person has made to an ICE officer when being investigated. Any steps they have about rehabilitation can be mentioned. Information about their participation in domestic violence programs as well as drug and alcohol counseling can also be provided to the court.

Release from Immigration Detention
Should a person qualify for a bond; an ICE office must receive payment for it with the detainee’s registration number. Once the bond is posted, the person is released from detention. Their case will then be placed on the non-detained docket of the immigration court. Having a bond will put their case on a longer timeline.

Posting Bond
The full amount of an immigration bond could be paid by a bail bondsman. This is a third-party company. They will act as a surety. There is a fee requirement for using the services of a bail bondsman. If another person can post the bond, then no fee will need to be paid. The bond amount will be repaid upon the conclusion of the case.

Once a person is released from detention, it is essential they make all future immigration court dates. Should someone move, they should update the immigration court with their new address. Any change in a court date will be mailed to the address on file. Should someone not know their court date, they can call immigration court information to get the details.


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