An immigration bond is different than a surety bond r cash bond in the fact that they are needed when dealing exclusively for immigration-related cases. In many cases ICE ( The United States Immigration and Customs Enforcement Agency) can release on personal recognizance where a person is released with a promise to return but no bail set, but if bail is in fact set in order to be released, then an immigration bond is the only type of bond that would be available.
Types of Immigration Bonds
In general there are two types of immigration bonds. A Delivery bond and a Voluntary Departure bond. It also should be noted that if the person detained has any ties to terrorist threats or may be considered a threat to national security in any way, they will not be offered any type of bond whatsoever. With that said, if someone is eligible, the main goal would be to try for a Delivery bond. A Delivery bond is set by an immigration judge and it allows for the defendant to stay in the country with their family and seek council without immediate threat of deportation or detainment. A Voluntary Departure bond, on the other hand is where the defendant volunteers to return to their home country at their own expense within a certain time frame. If they do this, the bond money will be returned but if they do not leave within the promised time frame, the money will be forfeited and further legal action will ensue.
Rules around Immigration Bonds
One of the biggest laws regarding immigration bonds is that only a U.S citizen or green card holder can actually post bond for a defendant so a person would have no way to bail themselves out under any circumstances. Because of this, a defendant will most likely have to rely on a family member or trusted friend to take on this task and all money refunded will go back to this person.
Not all Bail Bonds Places Work with Immigration Bonds
If you decide to work with a bail bondsman to negotiate your bail, it is important to note that not all places actually offer immigration bond services so it is important to do research and find the best company to work with your needs.
If you have any questions about immigration bonds or need further assistance, please feel free to contact us anytime!