Immigration Bonds immigration bonds

Immigration bonds are in important part of the immigration process for many. In one of our previous blog entries, we discussed ICE holds, and the consequences of an ICE hold. This entry will focus on the types of immigration bonds, which are set by ICE or an immigration judge.

Types of Immigration Bonds

So long as an individual is not considered a threat to the public and their detention is not mandatory, there are a few different types of bonds which a detainee may be eligible to post.

  • Delivery Bond – The purpose of a delivery bond is to make sure that the detainee shows up to their immigration hearing. An arrest warrant and a notice of custody conditions must be provided to the detainee by ICE in order for the detainee to be released on a delivery bond. A delivery bond provides the detainee with precious time to spend time with their family and time to strategize with their immigration lawyer prior to any hearings.
  • Voluntary Departure Bond – A voluntary departure bond is only an option when an immigration judge has given the detainee the ability to depart the U.S. voluntarily by a specific deadline. This type of bond can be granted prior to any proceedings if an eligible detainee agrees to voluntarily depart the U.S. while in detention. If the individual fails to depart the U.S. by the imposed deadline, the bond is forfeited and severe legal penalties will follow. To read about voluntary departure, click here.
  • Order of Supervision Bond (OSUP) – This type of bond is issued when a stay of deportation or removal has been granted. The individual will have to comply with the terms of ICE supervision. Oftentimes, this means that the individual will have to check in with ICE periodically at their local ERO (Enforcement and Removal Operations) office.

How Much Does an Immigration Bond Usually Cost?

There is no hard and fast answer to this question because the amount a bond is set at is determined by a number of factors. The detainee’s immigration status, their charges, any family ties they might have, and how big a flight risk they are determined to be are all considered in determining the bond amount. Generally speaking, the higher the flight risk, the higher the amount of the bond. A bond amount can start as low as $500, as is the case in a voluntary departure bond, or as low as $1,500 for a delivery bond, but can reach up to $10,000 depending on certain factors.

Paying an Immigration Bond

It is very important to note that immigration bonds must be paid by a U.S. Citizen. Otherwise, the detainee risks having those trying to help them getting in trouble, or potentially detained with ICE. Anyone may pay ICE the full bond amount in a cash bond, and the money will be refunded once the detainee has attended all of their immigration court hearings. Friends or family of a detainee may also work with a bondsman to get a surety bond, which may incur additional fees.

To read about immigration bond hearings, click here.

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