Immigration Bail Bonds

People who reside in the U.S. but are not U.S. citizens may face law violations due to their immigration status. For these people, both immigration and criminal violations/convictions can result in their deportation. The legal procedure for this is called a "removal" proceeding. Several categories of violations are grounds for people to be deported from the U.S.:

• People who work in the U.S. but have violated their visa terms, or those who work without permission. 
• People who have been convicted of crimes. People who simply enter the U.S. without the proper authority.
•  Members of organizations that are prohibited (such as terrorist organizations).
• Particular people who have been in the U.S. for 5 years or less and have become a public charge.
• People with denied applications for asylum, and have been referred to an Immigration Judge.

People who are non-citizens that are subject to deportation, exclusion or removal often look for help to remain in the U.S. because their families are here or they have a job and pay taxes. There are a few legal proceedings that they can do, including protection through asylum, status adjustment, withholding of removal, removal cancellation, suspending deportation, waivers of inadmissibility or voluntary departure.

If the non-citizen is in violation of immigration laws or suspected of it, they could be arrested by the Bureau of Immigration and Customs Enforcement (ICE) and/or US Department of Homeland Security Immigration (DHS). 

Bail Bonds for non-U.S. citizens and Immigration Detainees

People who are not U.S citizens and get arrested for suspected immigration violation status or criminal activity may be eligible for an immigration bail bond. This bail bond is a federal bond that can be issued to people who are detained by the Bureau of Immigration and Customs Enforcement and/or US Department of Homeland Security Immigration. An immigration bail bond allows detainees to leave the detention facility or jail until their court hearing. Theses bail bonds in California are much like surety bail bonds that are issued for U.S. citizens, in that they act as insurance that the person will attend all their court appearances or forfeit the bond. 

If the accused person is deemed ineligible to post an immigration bail bond, they must remain in detention until their court hearings and the resolution of their case.

Criminal vs. Immigration Bail Bonds

People who are arrested and taken to Immigration Detention are not the same as non-citizens arrested for committing a criminal act. The criminal justice system and immigration detention are separate systems in the U.S. A criminal case will be pursued and litigated in the criminal justice system, and immigration detention is solely for immigration cases.

The amount of the immigration bond is determined by the judge, and depends on several factors in the case, such as any past arrests or crimes of the accused, the nature or type of the crime, as well as possible risk that the accused will not attend their court appearances and leave. The persons individual nationality or their current immigration status is not usually considered in eligibility for an immigration bail bonds.

Types of Immigration Bail Bonds

There are two common kinds of immigration bail bonds that ICE detainees are eligible to receive: Delivery bonds and Voluntary bonds.

A Delivery Bond is used when an alien is arrested by ICE and they are given a Warrant of Arrest (Form I205) and a Notice of Custody Conditions (Form I-286). The accused person promises to appear at all court proceedings until the case is closed.

Factors that determine eligibility for an Immigration Bail Bond

If the accused non-citizen is not ordered for mandatory detention because they are suspected of criminal or terrorist acts (INA _ 236(c)(1), 8 U.S.C. _ 1226(c)(1)), the accused detainee can be eligible to be released with a bail bond, or on his/ her own recognizance. 

Further requirements for bond eligibility are that the accused alien must prove to the immigration officer that if released, they do not pose any danger to anyone or any property, or a threat to National Security.

Some commonly used factors in determining bond eligibility include:

• Family living in the area -Participation in subversive acts or immoral activities
• Prior criminal record or arrests
• Involvement or membership in local community organizations;
• How long in the U.S. and how the person entered the country
• Financial holdings, collateral and general ability to post the bond

Does an Immigration Judge require any proof before making these three findings? 

To obtain proof regarding these factors, the immigration judge usually requires letters or affidavits from friends, relatives with legal status, community religious leaders, and other reliable sources from the accused persons community. These letters should describe the accused persons character, where they live, and whether they are likely to appear at all court hearings. If the accused detainee has a medical issue, a letter from the doctor will be required.

As long as their flight risk is low, they have not committed any prior crimes (including immigration violation), the nature of their accused crime is not serious, and other such factors, they will likely be eligible for a delivery bond. 

A Voluntary Departure bond is issued to an alien who has been granted what is known as voluntary departure. This is when it has been determined that the alien should return to their country of origin on their own accord. Sometimes they have been placed in removal proceedings. The amount of the Voluntary Departure bond is determined by the immigration judge that ensures that the person will leave the U.S. within the time allotted in the case. Once they do, the bond and collateral will be returned.

These services also enable the accused and their loved ones to more easily provide the required amount for these bonds.

After it is determined by the INS that the person may post an Immigration Bond, the person is required to work with a private bail bond company to post their bond. You can work through the INS directly to post an immigration bond, providing you pay the full amount of the required bond.

The amount of the bond will usually be high enough to make sure that the person will come to all of their required court dates until the case is resolved. If they do not appear, the entire bond will be forfeited to the court.

Cost of Immigration Bail Bonds 

Immigration bail bonds services typically charge 15% to 20% of the bond total, except for A To Z Bail Bonds Inc. which only charges 12%. This fee depends on factors such as the risk of the accused, what type of collateral they or their family can put up, etc.

Collateral

Anything of value that is deemed acceptable can be put up for reimbursement in case the accused flees -can consist of things such as a deed to a home, a car, cash, a boat, stocks, and other items of value. Collateral is required to post an immigration bail bond. Immigration bonds can be tens of thousands of dollars, and most people will need to utilize the professional financing that is provided by their bail bonds company. Because the total out-of-pocket cost for the accused is only 12% for A To Z Bail Bonds Inc. or 15% to 20% for other companies, bail bond services are extremely important and affordable. 

Our bail bonds agents are experienced with immigration issues, and we can provide reliable and prompt bail bonds services in throughout the United States of America. We work directly with federal immigration enforcement and we are able to help release your loved ones from detention in a timely manner. We work with you to help us obtain all the information needed for prompt release.

Information needed for your Bail Bonds Service

In order to expedite the release of the accused person who is eligible to post an immigration bail bond, your Immigration bail bond agent will need certain information about the accused alien detainee.

• Full legal name
• Registration Number of Alien (_A_ Number)
• Country of birth
• Date of birth
• Home address
• Phone number 
• Social Security number
•  Where the accused person is being held (name and address of jail or detention center)
• Full amount of the bond
• Their legally acceptable identification. This ID can be a passport with official stamps showing entry in the U.S., a valid driver’s license, State ID with immigration status, or a Permanent Resident card (green card). 
• Please call A To Z Bail Bonds Inc. if you have any questions regarding the information needed.

Time for Release and Your Case

The length of time it takes to get the person out of detention depends on a few factors. Most of the time, with the proper information and legal documents in order, the person will be able to go home within a day or two of contracting with the bail bonds company.

The Immigration bail bond and its case is usually a longer process than that of a criminal bail bond procedure. In addition, the risk factor is often greater than for a criminal case. Because of this, an immigration bail bond requires collateral.

Other Questions to Consider Regarding Immigration Detention

Who Arrests Non-citizens and How to They Get into Immigration Detention?

Many non-citizens are arrested for immigration violations and other crimes. If you are believed to have a non-valid ID or visa, or no immigration documents in the U.S., then you could be arrested by Immigration officials. These officials are allowed arrest aliens with no warrant if they have a reason to believe that the person is in violation of immigration law or regulations in the U.S. and could flee before a warrant is obtained. They will ask you to provide your documentation and detain you without unnecessary delay in order to obtain the information about your immigration status. 

The arresting officer should not be the same person as the official that examines the non-citizen after the arrest. Sometimes, the arresting officer will also question the accused, if this is the only way to detain the person _without unnecessary delay_. The examining officer questions the accused and looks at their documents, checks records, etc., and then determines that the individual is in violation, the officer will place the person into proceedings for removal. 

What Happens After Arrest for Immigration Violation?

If removal proceedings are instigated by ICE, then the accused alien should be informed of the reasons by ICE. The examining officer is also required to inform the accused person that they have a right to counsel, but not at the expense of the U.S. government, and provide the arrested person with a list of no-fee legal service providers. They must also inform the accused that anything they say could be used against him/her in a subsequent proceeding.

If ICE deems an arrest event as an extraordinary circumstance or emergency, they are allowed to detain a non-citizen without a warrant for 48 hours or longer. ICE must determine during this time if the accused:

• Will be detained for longer time
• Will be released on bail
• Will be released on their own recognizance
• Will be issued a Notice to Appear and an Arrest Warrant

Getting released on an immigration bail bond does not mean that the individual can remain in the U.S. indefinitely. It simply allows them to get out of detention until their case is finished. Depending on the outcome of the case, they may or may not be allowed to remain the in U.S.

Paying the bond _ where to pay and who can pay

Immigration bonds are paid directly at offices of Immigration and Customs Enforcement. The person paying must have legal status in the U.S. This person is called the “obligator.” The obligator will be the one to receive the bond money back after the end of the case, providing the accused attends all their court appearances. The outcome of the case may be either that the accused is released and remains in the U.S., or is ordered by the Immigration Judge to leave the country. If the accused misses one or more court appearances, the court keeps the entire amount of the bond and the obligator does not get it back. The accused may be arrested again and faces deportation if the immigration judge orders it.

Immigration Bond Companies

Bond service companies are a necessary resource for non-citizens who have been arrested for immigration violations and who are granted bail. The accused or someone responsible for them signs a contract with the bond company, and the bond company then agrees to post the full bail. The client must pay the bond company their non-refundable fee of 15% to 20% of the bond. Or they can only pay the 12% charged by A To Z Bail Bonds Inc. for their service. Other collateral is usually required as well. Once the case is finished and the accused attends all court appearances, the bond company requests the bond money back from the court. If the accused fails to attend their court appearances, the bond company will keep the collateral from the signer if they do not pay the full amount of the bond. 

Bond Hearing

The determination of whether the arrested person is eligible for an immigration bond and the amount of the bond is determined after arrest at a Bond Hearing. These bond proceedings are not technically part of the removal hearings, and the immigration judge may not even record them. 

An immigration judge can conduct a bond hearing in the absence of a charging document from ICE. This is the time when the accused must prove that he/she is eligible to post an immigration bond. This person must produce evidence that they are not a threat to national security, are not a danger to any person or property, and are not a flight risk, and so on.

Immigration judges who deal with cases of detained non-citizens conduct bond hearings on a daily basis. During a routine hearing, the judge may simply readjust the amount of bond that was previously set by the INS. But quite often these hearings may not be so simple. The judge must also review and find proof for other issues of the accused such as any criminal offenses and assessment of the accused non-citizen’s records. This assessment can involve witnesses as needed in addition to letters and affidavits from people who know the accused. 

In cases where the Department of Homeland Security has imposed mandatory detention, the immigration judge does not have jurisdiction and cannot grant bail. In this case, the accused would remain in detention for the duration of their proceedings.

 An appeal for the decision of the bond hearing is possible. If it is conducted within 30 days of the immigration judge’s decision, either the accused alien or the ICE official can appeal the bond determination.

Under the instance that the judge lowers the bail or grants release of the accused non-citizen and ICE Immigration Bail Bonds 6/28/11 11:28 AM disagrees with the decision, ICE can stay the order in an appeal with the Board of Immigration Appeals under two conditions:

• When ICE originally determined that the accused non-citizen should be held and not released 
• When bond was set for at least $10,000

This stay is called an automatic stay, but before it can be implemented, ICE has to file a Notice of Service Intent to Appeal Custody Determination (EOIR) by the end of one business day after the judge’s decision. They also must file a notice of appeal within ten business days, or the automatic stay ends. However, this automatic stay provision has been found unconstitutional in many courts. 

In instances where an automatic stay is not granted, the judge’s order for release or decrease of bail may still be stayed by the Board of Immigration Appeals. The outcome of the hearing requested by ICE to stay the judge’s order may be that the order is stayed. ICE has the ability to request emergency stay throughout the proceedings.

What if the non-citizen’s situation changes after arrest?

Sometimes situations change and the judge’s decision may no longer be applicable. The accused may request a redetermination of custody and bond amount by appeal. If more than one redetermination is requested, it must be submitted in writing and will only be considered if the non-citizen’s situation has undergone material change.

Appeal to the Board of Immigration Appeals.

An appeal relating to bond and custody determinations may be filed to the Board of Immigration Appeals in the following circumstances: 

(i)          In accordance with _ 3.38 of this chapter, the alien or the Service may appeal the decision of an  immigration judge pursuant to paragraph (d)(1) of this section.

(ii)           (The alien, within 10 days, may appeal from the district director's decision under paragraph (d)(2)(i) of this section.

(iii)          (Removed 12/21/01; 65 FR 80281) (4)

Effect of filing an appeal. The filing of an appeal from a determination of an immigration judge or district director under this paragraph shall not operate to delay compliance with the order (except as provided in _ 3.19(i)), nor stay the administrative proceedings or removal. (Paragraph (d)(4) revised effective 6/18/98; 63 FR 27441)

Privilege of communication.

Every detained alien shall be notified that he or she may communicate with the consular or diplomatic officers of the country of his or her nationality in the United States. Existing treaties with the countries listed below require immediate communication with appropriate consular or diplomatic officers whenever nationals of the following countries are detained in removal proceedings, whether or not requested by the alien and even if the alien requests that no communication be undertaken in his or her behalf. When notifying consular or diplomatic officials, Service officers shall not reveal the fact that any detained alien has applied for asylum or withholding of removal.