What Is The Difference Between Federal Immigration Bonds and Bail Bonds

In 2022, U.S. Immigration and Customs Enforcement reported over 142,000 administrative arrests, according to their annual report. For many of these individuals and their families, navigating the complex world of immigration detention and release becomes an urgent reality.

In these situations, you might be struggling to figure out what bonds you're working with and how you might get your loved one released.

What are federal immigration bonds, and how do they compare to bail bonds? Read on to find out.

Federal Immigration Bonds

Federal immigration bonds are specifically designed for individuals detained by immigration authorities due to violations of immigration laws. These bonds serve as a way for the detainee to be released from custody while awaiting their immigration court hearings.

Immigration bonds fall under federal jurisdiction and are overseen by immigration courts rather than criminal courts. The bond amount is typically determined by ICE or an immigration judge.

There are two primary types of immigration bonds. A delivery bond allows the detainee to remain in the U.S. temporarily, provided they attend all scheduled immigration hearings. A voluntary departure bond grants the detainee the opportunity to leave the country voluntarily by a specific date.

Bail Bonds

Bail bonds are used within the U.S. criminal justice system to allow individuals accused of criminal offenses to be released from jail while they wait for trial. When someone is arrested for a crime, a judge may set a bail amount as a form of financial assurance that the accused will appear in court for all required hearings.

Bail bonds are issued by criminal courts and are typically handled at the local, state, or federal level, depending on the nature of the offense. Bail bonds pertain to criminal charges and ensure that pre-trial defendants appear in criminal court.

Bail bonds come in two main forms. A surety bond involves a bail bond company paying the full bond amount, in exchange for a non-refundable fee.

A cash bond requires the defendant or a relative to pay the entire bail amount upfront, which may be refundable if the defendant complies with all court appearances.

Immigration Bonds vs. Bail Bonds: Major Differences

There are differences between these bonds besides that they're used in different situations.

For immigration bonds, only U.S. citizens or lawful permanent residents are permitted to post the bond for the detained individual. On the other hand, bail bonds can be posted by anyone.

The bond amounts for immigration cases tend to be higher than criminal cases due to the increased risk of flight in immigration situations.

For immigration bonds, the full bond amount is refundable if the detainee meets all court obligations, even if the outcome is deportation. With bail bonds, however, only cash bonds are refundable, and if a bail bond company posts a surety bond, the fee paid to the company is non-refundable.

Federal Immigration Bonds vs Bail Bonds: Now You Know

With this guide to federal immigration bonds vs bail bonds, you should have a better idea of what's right for your needs. 

Do you need immigration bail bond services? Action Immigration Bonds and Insurance Services Inc. has been helping people like you manage this process since 1974.

Learn more about how our company can support you today.