If you have a loved one who is currently in the custody of ICE or is facing legal action for immigration issues, it’s likely that you’re in a very frantic headspace. With so much happening in terms of the United States’ immigration system, it can be hard to know where to begin.
Our hope is to inform you of some of your options as you move forward. Namely, we’ll be discussing immigration bonds and how they work.
Understanding Immigration Bonds
Although there’s so much coverage on the issues surrounding immigration, deportation, and detainment, there’s still a lot of confusion on the individual’s side of things.
In other words, you may not even know where your loved one is being held at first. Before you get legal representation or move forward with thoughts about bonds, try and find your loved one and see if you can get in touch with them.
There is an ICE detainee locator that you can use to find individuals in the database. Search the person’s name, date of birth, and any other information that the system allows you to input.
You may not get results right away. Because language is often a barrier in detainment situations, it’s possible that the name was put down incorrectly into the system. Try alternate spellings of the name or common similar names if you don’t find the person you’re looking for right away.
Once you find them, you can at least have the peace of mind of knowing where they are. Next, it’s time to move forward trying to get them out.
Types of Bonds
If you don’t have enough money on-hand to post bail, bonds are going to be a great option for you to find the money and get the person out if possible. Outside of this article, it’s important that you learn more about how to pay as sometimes the fees aren’t manageable without help.
There are a number of criteria that must be met in order to successfully, move forward with bonds, but we’ll cover those later.
You should first know what kinds of bonds are available to you.
1. Voluntary Departure Bonds
Voluntary departure bonds are an excellent option for those who have their sources to get out of the country on their own terms. These bonds allow a person to leave the country within a specific amount of time as long as they do it with their own finances, etc.
If granted, this bond needs to be respected. There’s a time slot that the person has to leave the country, and if they fail to leave during that time, they could be detained and prosecuted. With that in mind, make sure they have the potential to leave if you move forward with a voluntary departure bond.
These bonds must be paid upfront, but there’s a slight twist that might be exciting for you. Once the person has left the country, ICE will refund the bond in full.
That privilege is forfeited if the individual remains in the country, however.
2. Delivery Bond
A delivery bond the second and final option available to you. Delivery bonds offer detainees the freedom to get out of jail, be with their families, and speak privately with lawyers.
These freedoms can be the difference between an uncomfortable, traumatizing situation and a solid court proceeding. Once the bond has been paid, the individual must show up to all court hearings and proceedings.
One condition is that a person must get an arrest warrant as well as a notice of custody conditions before they’re allowed to leave. These documents must be provided by ICE in the event that you move forward with a delivery bond.
Take this option if you don’t have the resources to get someone out of the country in a short amount of time, or if you don’t have family or loved ones who could take them in when they leave.
Conditions Needed to Receive a Bond
There are a number of things that could prevent an individual from getting an immigration bond. ICE has set out these restrictions with the idea that some individuals pose a higher risk than others when they are released.
It’s unusual for a person to be restricted from getting a bond, but they will be if they have any of the following limitations. People involved in national security threats such as terrorism or gang activity will be restricted.
Further, those who have committed any crimes may be restricted as well. There’s some give in these situations, as the government is mostly concerned about people who have committed violent crimes.
If a person has any other outstanding warrants or shows a clear risk to society and the American public, they will also be restricted from bonds. Again, these matters are dealt with on a case-by-case basis, and there’s no hard law that dictates decisions.
Those who are convicted of violent crimes and aggravated felonies are the least likely to get any leeway. The more petty crimes or run-ins with police that you’ve had, the more likely you will be denied a bond.
If You’re Refused
If you’re refused right away, you have further options. Judges may refuse to grant a bond, but in those cases, you will move on to the deportation officer to see if they will grant a bond. Beyond that, your final option is to consult with an immigration attorney.
Each situation will require different legal finesse, but each one is manageable. It’s essential that you work quickly and diligently if you experience any resistance from ICE, your judge, or immigration lawyers.
If you can be on top of the proceedings and contact the appropriate people, you have a better chance of receiving a bond and getting your loved one out of detention.
Get Started Now
Working with immigration bonds is not as difficult as it may seem. It’s important that you get started on your end right away and don’t waste time.
Explore our site for more help and ideas on dealing with immigration!