What Are Immigration Bail Bonds? Frequently Asked Questions and What You Need to Know


You might be familiar with laws surrounding bail for American citizens, but did you know undocumented immigrants can post bail as well? If you know an undocumented immigrant who was taken into custody, rest assured that there’s a path forward for them as well.

Who Determines Bond?

U.S. Immigration and Customs Enforcement (ICE) is tasked with holding undocumented immigrants, and so their bond is posted to the U.S. federal government. An immigration judge is often responsible for setting the conditions of bail, but it’s also common for a deportation officer to set these conditions.

As is the case with other types of bonds, the defendant’s past crimes and the chances of the defendant fleeing are some factors that go into determining bond conditions. If a person is deemed a danger to the community, they will likely be denied bond altogether.

What Are the Types of Immigration Bond?

There are several different kinds of immigration bonds.

The first, and most common type, is the delivery bond. After posting bond, the undocumented immigrant is released, but will need to return to court at a later date. Until the court date rolls around, the person is allowed to go about their life as usual. The cost of delivery bond falls within the wide range of $1,500 to $10,000.

Another type of immigration bond is a voluntary departure bond. Although this type of bond has a minimum of about $500, the undocumented immigrant must voluntarily return to their country of origin after being released. A strict deadline for departure is enforced.

Other types of immigration bonds include:

  • Public safety bond, which allows the government to seek reimbursement whenever the undocumented immigrant receives public assistance
  • Order of supervisions bond, which allows ICE to track an undocumented immigrant after release

What Are the Immigration Bond Payment Options?

An immigration bond can be posted in one of several ways. A cash bond is when personal funds are used to ensure the release of the undocumented immigrant. If and when the individual returns to court, the cash is refunded. Another method involves the use of surety bond. In this case, a bonds agent charges the undocumented immigrant or their family a premium in exchange for covering the bond.

While these are some of the most important things to know about immigration bail bonds, there’s plenty more to consider. Professionals like those at Patriot Bail Bonds can help you learn more and prepare you for overcoming legal challenges ahead.


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