How Immigration Bond Procedures Work in the United States

August 05, 2020

Action Immigration

Picture this: Your loved one has just been detained in an ICE facility. As a good friend or family member, you spring into action. You are eager to get them out on bond.

For the complete lowdown on immigration bond procedures in the United States, read on.

How Immigration Bond Procedures Work

Before getting into how immigration bond procedures work, let's start with the basics. What even is a bond?

According to the Immigrant Law Center of Minnesota, a bond is "what immigration asks for as a guarantee that you will attend all of your hearings." The amount of the bond varies by case. Bond amount is usually assigned by 2:00 pm on the day of detainment.

A detainee is eligible for a bond if they can prove that they don't pose a flight risk or a danger to the community. Prior deportations or criminal convictions can make a detainee ineligible for a bond. If ICE thinks a detainee is unresponsive to its questions and thus uncooperative, then it denies them bond.

If a detainee wants a bond hearing, they should simply ask the judge at their first hearing for one. Bond hearings are distinct from deportation hearings. Ask for the former and you should receive one in the next days or weeks.

Make sure to check off "[] I do request an immigration judge review of this custody determination" in the "Notice of Custody Determination" document. Detainees should also write a letter of request for a bond hearing to the judge. The letter should include the detainee's A-number, name, and formal request for an imminent bond hearing.

If a detainee finds themselves unprepared for their fast-approaching hearing, they should ask the judge to reschedule the hearing for more time to gather all documents.

Bond Hearing and Bond Posting

When the day of a detainee's bond hearing arrives, they must come prepared.

They should present the judge with a sponsor letter from their sponsor. The letter should detail how the sponsor knows the detainee and the sponsor's legal immigration status. The sponsor must be a legal permanent resident or U.S. citizen.

The letter should also include the address of the sponsor and detainee's residence. It must be a street address, not a P.O. Box. In addition, the letter must say how the sponsor would support a released detainee. 

Besides a sponsor letter, detainees should muster up as many other documents as possible that prove their ties to the community and obedience to its laws. Such documents include tax records, social security records, a copy of a marriage certificate, and letters demonstrating community involvement. Other possible documents could be proof of property ownership, proof of debt, and family photos.

Post bond by way of a postal or bank money order. Bonds greater than $10,000 have to be paid with a bank-certified check. What happens after immigration bond is posted is that the detainee can get out of detention, buy themselves more time to meet with a lawyer, and get the bond money back if they go to all court hearings and otherwise comply with all court orders.

The Name's Bond

Immigration bond. Immigration bond procedures don't have to be difficult or confusing. If you know a detainee, tell them to ask the judge for bond and prepare for all of the aforementioned steps required to make such a request.

If your loved one is detained in an ICE facility, give them the support they need to get out on bond by putting them in touch with Action Immigration Bonds and Insurance Services today.

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