How Are Immigration Bail Bonds Different Than Regular Bail Bonds?

Family immigration

If a friend or loved one has been arrested by U.S Immigration and Customs Enforcement, you’ll need to understand immigration bail bonds if you want to get them out of jail prior to their court appearance. 

An immigration bail bond is only available to the person if they meet a certain set of requirements which we’ll discuss. 

It’s important that you understand what immigration bail bonds are and how they differ from traditional bail bonds. There are some cases where you will not have to pay for a bond but understanding the various details of this process will help you ensure the best outcome. 

How Does an Immigration Bond Work?

Immigration bail bonds are bonds to help discharge someone from immigration custody. Certain agents are licensed to specifically handle immigration bail bonds to help get your loved one released from the Bureau of Immigration. 

This bond is used as a guarantee to the courts that whoever is in their custody will appear for all court procedures if they are released from custody. 

It’s necessary that you understand that this does not absolve them of any charges. They still need to obtain legal citizenship in the United States but the bond simply allows them to leave jail while the case is being processed. 

The Difference From a Traditional Bail Bond 

Bail bonds for illegal immigrants are a bit different from traditional bail bonds because this person has not actually committed a criminal offense. Regular bail bonds come in a few different forms. There are 5 types of immigration bail bonds: 

Citation Release

This occurs when an officer makes an arrest but issues a citation requiring the suspect to appear in court. This is most commonly done in the form of a traffic violation. 

Recognizance Release 

By signing a document at the jail, the suspect is guaranteeing that they will show up for their court date. If they don’t they’re given a fine. 

Cash Bail 

A cash bail occurs for severe crimes when the suspect must provide a monetary amount to the court in exchange for release until their court date.

Surety Bond 

If the suspect does not have the money needed to post bail, they can work with a bail bondsman and repay 10% of the bail amount to the bondsman with a guarantee that they’ll show up for court. An immigration surety bond is when this is done for immigration purposes. 

Federal Bail Bond

If your loved one is accused of a federal crime, a federal bond must be issued. This is done through the courts and is a longer and more challenging process. As far as immigration bonds go, a federal bail bond won’t apply in this situation. 

What Happens at an Immigration Bond Hearing?

During an immigration bond hearing, the immigration judge will decide whether or not to release your loved one from jail with the payment of a bond. 

If this person shows up for all their hearings and complies with the orders of the court, whoever paid the bond will receive it back. 

Factors such as current status in the country, ties to family, and reasons for being in the U.S. will determine whether or not this person receives an immigration bail bond.

As long as they have not engaged in any activities that are a threat to national security and have not committed any crimes, they have a good chance of being released on bond. Once this is determined a bail bond check to the immigration hold officer will be issued and your loved one will be released from jail. 

How Do I Check My Immigration Bond Status? 

The Department of Homeland Security website allows you to check on the status of an immigration case. To determine the status of an immigration bond, you’ll need to contact the bail bondsman that you filed the application through. 

Your bail bond will cost 10% of the full bail amount and the bond is good for two years which can be renewed after one year. 

How to Get an Immigration Bail Bond 

An immigration bail bond is a three-way agreement between you (the co-signer), us (the agent), and Homeland Security. The agent must come to terms with the immigrant to ensure that they are present for all required court appearances.
At that time, you can become eligible for an immigration bail bond. We have a number of trained and experienced experts who provide top notch customer service. Our job is to bring families back together regardless of the mistakes that were made. Click here to find a Bail Hotline’s location near you!

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