Difference Between Bail and Bond: What You Need to Know

You've just gotten a call from a friend or family member detained by immigration authorities. Panic sets in as they explain their situation, and you quickly realize they need help navigating the legal maze of getting released.

Terms like "bail" and "bond" are thrown around, but what do they really mean? For many, the difference between these two legal mechanisms can be confusing, especially in the context of immigration detention.

Read on to learn about the difference between bail and bond.

What Is Bail? How Bail Works

Bail allows an individual to be released from detention during criminal hearings.

Bail is a sum of money designed to ensure that the individual will attend all required court proceedings.

The judge will determine the bond amount based on factors such as:

• Flight risk
• Community ties
• Criminal record
• Likelihood of attending future hearings

What Is Bond? Types of Bail Bonds

An immigration bond is a financial promise that allows an individual who is detained by U.S. Immigration and Customs Enforcement to be released from detention while waiting for immigration proceedings.

Similar to criminal cases, an immigration bond aims to ensure that people comply with the immigration process, including attending all scheduled court appearances.

The bond acts as a promise that the individual will meet their legal obligations and not flee or disappear while their case is being processed.

In immigration cases, the detainee or their family can pay the full bond amount directly to ICE or seek help from an immigration bond company. If a bond company is involved, they typically charge a non-refundable fee (10-20% of the bond amount) to post the bond on behalf of the detainee.

The immigration bond is refundable at the end of the immigration proceedings if the detainee attends all hearings and complies with the court's rulings. However, if the individual fails to attend any immigration court dates or follow the legal process, the bond is forfeited.

Secured vs. Unsecured Bond

A secured bond requires the full bond amount to be paid upfront by the detainee or their family to secure their release from detention.

Secured bonds offer the highest level of assurance to the immigration court because the full amount is already in the court's possession. If the detainee fails to comply with court proceedings, the bond is forfeited, and the government keeps the money.

An unsecured bond, sometimes called a signature bond, does not require any immediate payment or collateral for the release of the individual.

Instead, the detainee is released based on a written agreement or promise to appear at all future court hearings.

Unsecured bonds are less common in ICE cases, as they involve greater risk for the court, which must rely on the individual's promise rather than any financial backing.

Difference Between Bail and Bond: Now You Know

There's a lot to consider when it comes to the difference between bail and bond. Now that you know the outline, you'll be a lot more prepared if you or your loved one ends up in an immigration detention situation.

Do you need more help with bail vs. bonds? ACTION Immigration Bonds & Insurance Services, Inc. is available 24-7 to help you and your loved ones with our forty-plus years of experience.

Get started with us today.