Types of Immigration Bonds

An immigration bond is used to bail out a person detained by the ICE (Immigration and Customs Enforcement) for any immigration issues. Also known as ICE Form I-352, an immigration bond ensures that the person released from ICE's custody will remain in the country and attend all the court hearings.

There are two types of immigration bonds - delivery bonds and voluntary departure bonds. As long as ICE is convinced that the detained person is not a threat to the public/national safety, he/she can opt for any of these two immigration bonds.

Delivery bonds

A person detained by the ICE can request to be released on a delivery bond. The court will take into account the severity of his/her crime, and set a bail amount. Once the bond is posted, ICE will release the person on a temporary basis, with the understanding that he/she shows up in court for his/her hearing on the scheduled date. If for any reason, the person fails to show up, he/she will be detained by ICE, and the bail amount forfeited.

Once released, the detainee can hire an experienced immigration lawyer to sort out the issue. The advantage of meeting with an immigration lawyer outside ICE's detaining facility is that it is more convenient and the case could be discussed freely, without holding anything back from prying ears.

A delivery bond requires an arrest warrant and a custody conditions notice from ICE. Also, there are certain requirements that the judge would look for before approving the bail.

Voluntary departure bonds

If the person detained by ICE voluntarily agrees to leave the United States within a specified time frame at his/her own expense, the immigration judge will grant the person a voluntary departure bond. This will render void the need to remove the person forcibly from the country. In fact, there would not be any need to even initiate the removal proceedings. Once the person has left the country, the bail amount would be refunded.

However, if the person fails to leave the country within the agreed upon period, the bail amount will be forfeited, and the person will be detained and charged.

The detainee himself/herself can post the bail amount or ask a friend or a relative to do it. Another option is to opt for the service of an immigration bondsman.