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Immigration Bonds

Immigration bonds are a form of federal bond that are typically set for detainees held by the Bureau of Immigration and Customs Enforcement (ICE) pending a hearing or court appearance.

Immigration bonds are similar to state and federal bonds in the respect that they are designed to guarantee the appearance of the individual to all court proceedings and bonds posted for immigration charges are also subject to immediate forfeiture should the arrested individual not appear in court. But they are also different in several ways, as described below.

Unlike state and federal bonds, the only release options for INS detainees are: 1) cash bond paid directly to the Bureau of Immigration and Customs Enforcement (click here for field office locations), or 2) surety bond through a bail bondsman licensed to handle immigration bonds.

Immigration bonds present additional difficulties for the bail bondsman because in addition to the normal bail bonds licensing requirements, a casualty insurance license is required for a bail bondsman to handle immigration bonds. Some bail bondsmen have found additional immigration bond difficulties to include language barriers and working within the operation hours of the immigration and naturalization service. As a result of the additional difficulties and licensing requirements, immigration bonds tend to be more expensive than state and federal bonds. Premiums range from 15% to 20%, depending on the collateral used.

The two types immigration bonds available to INS detainees are:

• Delivery Bond
  An alien that is arrested by the Bureau of Immigration and Customs Enforcement and issued a Warrant of Arrest (Form I-205) and a Notice of Custody Conditions (Form I-286) may be eligible for a delivery bond. The amount of a delivery bond should be sufficient to ensure that the alien will appear for any future immigration proceedings.
• Voluntary Departure Bond
  An alien who is allowed to depart the country voluntarily after being placed in removal proceedings (or in lieu of such proceedings) has been granted Voluntary Departure. The Immigration Judge may, and, in some cases, must, require that someone post a bond in an amount that will ensure that the alien departs the United States within the time specified.

On your first visit with a bail bondsman for an immigration bond, be sure to bring the following information about the alien:

• Alien Name
• Alien Registration Number
• Name of the facility where the alien is being held
• Alien's home address
• Alien's date of birth
• Alien's country of birth
• Bond Amount
• Name of the person posting the bond
• Valid address for the person posting the bond
• Valid Social Security Number for the person posting the bond
• Valid phone number for the person posting the bond
• Acceptable form of identification
  • Permanent Resident Card
  • Passport with appropriate stamps
  • Valid driver's license
  • State identification with proof of immigration status

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