How Can I Get An Immigration Bond?
Getting an immigration bond involves securing the release of a person detained by U.S. Immigration and Customs Enforcement (ICE). This process is different from criminal bail and is handled through the Department of Homeland Security. Immigration bonds are available for certain detainees who are not considered a flight risk or threat to public safety.
Step 1 – Determine If the Detainee Is Eligible
Not all immigration detainees qualify for a bond. ICE or an immigration judge will decide eligibility based on some factors…
- Criminal history
- Immigration status
- Flight risk
- Threat to community or national security
If ICE doesn’t offer bond, you can request a bond hearing in immigration court to ask a judge for release.
Step 2 – Know the Two Types of Immigration Bonds
- Delivery bond – Allows the detainee to be released while awaiting immigration hearings. This requires a Notice to Appear and ICE custody conditions.
- Voluntary departure bond – Allows the detainee to leave the U.S. voluntarily at their own expense within a set time. The bond is refunded if they leave as agreed.
Step 3 – Find Out the Bond Amount
Bond amounts typically range from $1,500 to over $10,000. The exact amount depends on the detainee’s immigration history, criminal background, and ties to the community. If a judge sets a bond, it must be paid in full for the detainee to be released.
Step 4 – Pay the Bond
The bond must be paid in full to ICE. Only a U.S. citizen or lawful permanent resident can pay the bond and serve as the obligor. You can pay it in one of two ways,
- Directly through ICE’s ERO Bond Acceptance Facility
- Through a licensed immigration bond company, which may charge a non-refundable premium (often 15-20%)
ICE requires payment by certified check or money order—cash or personal checks are not accepted.
Step 5 – After the Bond Is Posted
Once the bond is paid, the detainee will be released under conditions set by ICE. They must attend all immigration hearings and comply with any requirements given. If they do, the bond is returned to the obligor at the end of the case, minus any processing fees.
You can get an immigration bond if the detainee is eligible and not subject to mandatory detention. The process involves either ICE setting the bond or requesting a bond hearing, then paying the full amount through a qualified person or bond company. Once posted, the detainee is released but must follow all court requirements to avoid bond forfeiture.
How Much Does Immigration Bail Cost?
Do The Feds Give Bonds?
What Happens If A Bond Does Not Get Paid?
