Wichita Bail Bonds Blog

Yes, in many cases, an undocumented or illegal immigrant can bond out of jail, but it depends on the type of charges, their immigration history, and if Immigration and Customs Enforcement (ICE) has placed a hold on them. The process is more complicated than for U.S. citizens, because immigration and criminal cases can overlap. May it is someone who can post bond depends largely on which agency has custody and what kind of warrant or hold exists.

Local or State Criminal Charges

If an undocumented immigrant is arrested for a state or local crime in Kansas or elsewhere, they may be eligible to post bond just like any other defendant. The court sets a bail amount based on the severity of the charges and flight risk. If ICE has not yet issued a detainer (immigration hold), the person can usually pay bail directly to the court or use a bondsman to secure release.

• Cash bond – Pay the full amount to the court and be released pending trial.
• Surety bond – Hire a bail bondsman who charges about 10 percent of the bond as a non-refundable fee.

When ICE Issues a Detainer

If ICE places a detainer on the individual while they are in local custody, release becomes more difficult. An ICE detainer means that even if the person posts bond for the criminal charge, the jail must hold them for up to 48 hours (not counting weekends or holidays) for ICE to take custody. Once ICE picks them up, their release is handled under federal immigration law, not state law.

Immigration Bonds

After ICE takes custody, the person may still be eligible for an immigration bond. This type of bond allows release from immigration detention while the case is pending. There are two main types,

• Delivery bond – Granted by ICE or an immigration judge, this lets the person live outside detention if they attend all immigration hearings.
• Voluntary departure bond – Allows release while the person arranges to leave the U.S. voluntarily by a set deadline.

Immigration bonds are usually set between a few thousand dollars and over $10,000 depending on flight risk and case history. A family member, friend, or bondsman must pay the full amount directly to ICE or through a licensed immigration bond company.

When Bond May Be Denied

Not all undocumented immigrants qualify for a bond. ICE or an immigration judge can deny bond if the person,

• Has a serious criminal record or prior deportation order
• Is considered a flight risk or threat to public safety
• Re-entered the U.S. illegally after removal
• Is subject to mandatory detention under immigration law

An undocumented immigrant can sometimes bond out of jail if no ICE detainer exists, or later through an immigration bond once in ICE custody. Bond eligibility depends on criminal history, flight risk, and prior immigration violations. Legal representation is essential to request a bond and present evidence supporting release.