How Do Immigration Bonds Work?

The right to reasonable bail is granted to certain individuals in the United States during criminal proceedings. But what about foreign individuals detained by the DHS (Department of Homeland Security)? If you are a non-citizen in the United States, understanding how immigration bonds work is crucial in protecting your rights and understanding the legal options available to you. If you have been detained and need legal representation or advice, reach out to an experienced immigration attorney in NYC today.

What is an Immigration Bond?

An immigration bond is essentially the same as bail for an individual being charged with a criminal offense. When a person is arrested for a crime, they can post bail, meaning pay a set amount of money to be released during the legal process on the condition that they will appear at all court hearings.

When a foreign individual is in the custody of the DHS, they can pay a certain amount of money as a way to promise that if they are released, they will come to all future hearings and required legal proceedings. This right is afforded to individuals who are not a flight risk and who would otherwise be required to remain detained for months or even years before the legal proceedings are resolved.

How Do Immigration Bonds Work?

Immigration bonds allow the temporary release of a detained non-citizen and act as a financial guarantee that ensures that the individual will not flee and will instead appear for all future court proceedings. As a foreign individual in the United States, it is imperative that you understand how these bonds work.

Once you are in the custody of ICE (Immigration and Customs Enforcement), you can request a bond. They can either set one or determine that you are not eligible. If you are not eligible or if you believe that the bond set is unreasonably high, you can request a bond hearing with an immigration judge and plead your case.

If ICE does set a bond, it must be paid by an obligor. An obligor is any individual or entity that posts the funds for the bond. By paying, the obligor is guaranteeing that the conditions of the bond will be performed by the detained individual.

Immigration bonds work the same way that bail does, meaning that if you go to all of your court hearings and follow all orders set by ICE or the judge, the bond money will be returned to the obligor. However, because the bond acts as a financial guarantee, if you fail to follow all orders, the money could be forfeited.

Not all detained individuals will be considered eligible for a bond. Certain criminal convictions, like drug crimes or aggravated felonies, as well as a history of deportation and other immigration issues, can render you ineligible. You may also be considered a danger to the public or a flight risk, which could result in a denial of your request for a bond.

For more information and representation, reach out to an experienced immigration attorney today.