Immigration Bond
If your loved one has been detained by ICE within Colorado, immigration attorneys at Murad & Murad, P.C. have helped with immigration bond services to secure a detained person’s release.
What Is an Immigration Bond?
Although immigrants aren’t US citizens, they still have rights. One of their rights is the right to an immigration bond. An immigration bond is a payment that secures the release of a person which is currently detained by ICE. It is important to understand that being released on an immigration bond does not end the deportation case. Requesting an immigration bond is separate from actual deportation hearings, and requires a separate hearing.
With the immigration bond the detainee promises that – if released from detention – he or she will attend all court hearings and follow all immigration court orders – even if that includes being deported. If the immigrant fails to appear at court hearings or does not comply with the orders of the immigration court, the bond is revoked. This means that the federal government keeps the money.
Many in immigration detention are eligible for immigration bond – to have a sum of money put up on their behalf that will be returned if they show up for all their court and other hearings with U.S. immigration authorities.
The initial bond amount will be set by the Department of Homeland Security, Immigration and Customs Enforcement (ICE). The minimum is $1,500.
However, the height of the immigration bond will also depend on other factors. Some things ICE will consider are the length of time the detainee has lived in the United States, the family ties in the U.S., employment history, criminal record, and history of immigration violations.
How Does an Immigration Bond Work?
The detainee will need an adult person over 18 and with legal status in the US to provide the immigration bond payment. This person will also be responsible for filling out any related paperwork that ICE requires for the bond release.
Note that immigration bond payments cannot be paid in cash or personal check.
Once the payment and paperwork requirements are fulfilled, the detainee will be released. This process can take some time.
Who Qualifies for an Immigration Bond?
A detainee is only eligible for an immigration bond if he or she can prove that they are not a flight risk or danger to the community upon release. Note that not every detainee is eligible. Some people are subject to mandatory detention. This mostly includes people with past criminal convictions or their charges involve aggravated felonies, suspected terrorism, crimes of moral turpitude or possession of controlled substances. In those cases, ICE may decline the request for an immigration bond, because the person in custody could be considered high risk.
How to Get Bond Money Back From Immigration?
In order to get the bond money back, Form I-391 and the original immigration bond receipt Form I-305, have to be sent to the Debt Management Center. Form I-352, which is the original copy of the bond contract, should be included in the mailing.
To locate a person detained please visit the Online Detainee Locator at https://locator.ice.gov/odls/#/index