Aliens may be detained by the Immigration and Customs Enforcement (ICE) division of the Department of Homeland Security for a variety of reasons. Most typically, it is for being in the United States without a valid visa (that is, being what is known as an “illegal alien”).
After an individual is detained by ICE, the person is taken to a local ICE field processing office. ICE will prepare the necessary paperwork and make a custody determination.
After an individual is detained, a determination will take place before an immigration judge during what is called a “bond hearing.” That means ICE will make a decision as to whether the individual should be released or whether the person should remain in custody.
An ICE officer may make one of three decisions:
The bond refers to money paid to secure a detained foreign national’s release. It serves as a guarantee to the government that, once out of detention, the bonded individual will attend all immigration court hearings. In many ways, an immigration bond is similar to a traditional bail bond.
After ICE detains a foreign national, ICE sets the bond amount, assuming the person is eligible for a bond. The bond amount is based on a risk classification assessment, which measures the risk to public safety and the risk of flight posed by the particular individual.
Usually, a detained alien will be eligible for an immigration bond provided that they:
The amount of the bond will vary and can be quite substantial. It can differ from jurisdiction to jurisdiction, even for quite similar cases. As a floor, a bond may not be granted in an amount less than $1,500.
To set the amount of the bond the immigration judge must take into consideration the following factors:
A person may appeal to the Board of Immigration Appeals (BIA) if they are not in agreement with the bond set by the immigration judge. The appeal must be received by the BIA within 30 days of the date the judge set the bond. Take note that the government may be the one who disagrees with the immigration judge’s bond decision. In that case, the government will be the one that appeals the judge’s ruling.
While the appeal is pending, the individual will remain detained. Removal proceedings will continue regardless of the pendency of the appeal. If both parties waive appeal or do not file an appeal in a timely manner, the judge’s decision becomes final.
Provided that a detainee has been granted bond, there are two different ways to get them released from immigration detention.
If you have sufficient liquid assets, you can pay the full amount of the bond directly to ICE. After the bonded alien has performed all the bond’s requirements, the collateral will be refunded.
Acceptable forms of payment to post a bond are postal money orders, a bank’s cashier’s check, or a certified check. For all bonds $10,000 and over, the only accepted method of payment is a single cashier’s check or a certified check.
If the individual cannot pay the amount of the bond, a bail bonding company can be used. The bonding company will demand a non-refundable service fee, typically 15% of the amount of the bond. You will be required to pledge collateral to ensure that the detainee fulfills the bond requirements. There are several types of collateral that bonding companies accept: real estate, a hold on a credit card, cash, securities, or other marketable assets, or a letter of credit from a bank.
An “obligor” is the person who pays the bond and completes the paperwork with ICE at the closest field office. This is commonly known as “posting the bond.” An obligor is typically a friend or family member of the person being held in detention. Only someone who is 18 or older and has legal immigration status can be a bond obligor.
Generally, ICE requires that the obligor provide a valid Employment Authorization Document, a U.S. birth certificate or passport, an original Certificate of Citizenship or Certificate of Naturalization, or a lawful Permanent Resident card (“green card”).
Once the field office communicates to the detention center holding the individual that the bond process is completed, the detention center will release the individual. Communication between the field office and the detention center often takes hours, so the obligor will want to post the bond as soon as the office opens in order to increase the chances of the individual being released the same day.
Perhaps a year or more after release on bond, the alien will have obtained legal status or will have been deported. Either of these outcomes meets the conditions of the bond and triggers a bond refund via its cancellation.
When the obligor obtains a “Notice Immigration Bond Canceled,” the obligor should send it along with Form I-305, “Receipt of Immigration Officer,” and a cover letter with a request for the refund to the bond unit of the U.S. Debt Management Center.
Because of the requirement that the obligor have legal status, the obligor is often a family friend or acquaintance, rather than an immediate family member of the detainee. This often poses a hurdle in recovering the bond refund, as the obligor may lose touch with the bonded individual.
Unfortunately, even though the obligor merely posted the bond instead of providing the actual funds, the bond will be refunded to the obligor absent a prior assignment by the obligor authorizing someone else to receive the refund. This reality has led to unscrupulous individuals taking advantage of detained individuals and their families.
If the bonded individual fails to appear at an immigration court hearing or at an ICE appointment, and thereby becomes a fugitive, that individual will be in breach of the bond terms. When this happens, ICE sends the obligor a Notice to Obligor to Deliver Alien. The notice demands that the obligor present the bonded alien at the ICE field office at a specific date and time.
The date will likely be within a few weeks after receipt of the notice, so the obligor will have limited time to find the bonded individual. If the obligor fails to present the bonded individual at the requested date and time, ICE will send a Notice of Immigration Bond Breached. In this case, the obligor will not receive a bond refund.
If the obligor finds after receiving the Notice of Immigration Bond Breached that the bonded individual has self-deported, it is possible to obtain the bond refund. The obligor will seek rescission of the bond breach, reinstatement of the bond, and then bond cancellation.
The obligor must have proof that the bonded individual has departed, such as travel confirmation, a boarding pass, or a stamped passport.
There are a variety of immigration laws that may apply to detained aliens. One important law is the Immigration and Nationality Act (INA), or the Hart-Cellar Act.
The INA ensures immigrants from various countries are permitted to come to the United States. The INA also applies to almost every issue that can come up related to immigrating to the U.S.
In addition to this law, there are other executive orders that may apply to a detained alien, which are listed below.
The order ends birthright citizenship, which may also be known as an anchor baby. When a child is born in the United States and automatically receives citizenship, it is referred to as birthright citizenship.
This order provides that one of the child’s parents has to be a permanent resident or a citizen of the U.S. for a child to be given birthright citizenship. When a child’s parent or parents are in the U.S. on a temporary visa, their child will not be given birthright citizenship.
Currently, this order is not being enforced due to an injunction.
Under this order, no one is allowed to enter the United States at its southern borders, which includes those seeking asylum. The Department of Homeland Security (DHS) as well as the Secretary of State, however, can allow applicants in on a case-by-case basis.
USRAP provides limits for how immigrants are allowed to seek legal entry in the United States. Under this order, applicants may be allowed to enter the U.S. on a case-by-case basis.
USRAP is indefinitely suspended pending further examination. What this means is that USRAP is not currently being enforced.
This executive order outlines what applies to the enforcement of illegal entry, unlawful presence, and deportation or removal of an individual who is not present lawfully in the United States. In addition, the order provides for the expansion of expedited removal.
Because these executive orders and other immigration laws are subject to change or updating, especially when there are changes in presidential administration, it is very important to consult with an immigration lawyer for any immigration issues, including those involving detained aliens.
Posting a bond for a friend or loved one is a complex process. An experienced immigration attorney can help get a bond issued and can prepare an appeal of a bond’s amount or the conditions under which it is authorized. An attorney can also help you obtain a refund of a bond, including both interest and the principal.
With the complexities of immigration law and the frequent updates, it may be difficult to obtain a bond refund without the help of an attorney. You can use LegalMatch in a short amount of time to find an immigration lawyer near you who can help you with any issues you have related to posting bond for a detained alien.
When completing the submission process, you can choose your language needs and any other preferences you may have for the lawyer you want to work with. Within around one business day, you will receive responses from licensed and prescreened attorneys in your area who can help you with your detained alien bond concerns.
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