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