If immigration officials have detained you and removal proceedings are held in an immigration court, you may be able to apply for an Immigration Bond.

An Immigration Bond is similar to a bail in which ICE will release someone from custody while their removal case is pending and until it is resolved. It is important to pursue an Immigration Bond if it is available because a removal case may last a long time, in some cases several years. You will have to pay an Immigration Bond as a security deposit to ensure that someone under removal proceedings will appear at their proceedings.

The amount of the Immigration Bond depends on several factors including the reasons for removal, the ability to pay, and the likelihood of winning the case. You may ask a judge to lower the Immigration Bond amount. People should consult with their lawyer before attempting to lower the Immigration Bond, as this requires a hearing and evidence in support of the request.

 There are some cases where an alien or immigrant is not eligible for an Immigration Bond. It can be very difficult to receive an Immigration Bond if you have a previous criminal conviction. If immigration officers have detained you at the U.S. border, you will not be eligible for an Immigration Bond, but may apply for parole. In some cases, an Immigration Bond is not available because you are subject to a mandatory detention while in removal proceedings.

Section 236c of the Immigration and Nationality Act describes the instances when mandatory detention is required. Felonies such as aggravated felonies, terrorism, or crimes of moral turpitude will restrict eligibility for the Immigration Bond. The reasoning behind this is to prevent people accused of dangerous crimes from entering the public. If you are subject to a mandatory detention restriction should also consult with an attorney with experience in criminal law as well as immigration law.

“We can ask a judge to lower your Immigration Bond amount.”

The alien will remain in custody while their loved ones post an Immigration Bond through an Immigration Bonding company or directly through ICE or DHS. The Immigration Bonding company will charge 15% premium along with collateral for the Immigration Bond, which they will return at the end of the proceedings. Posting the Immigration Bond through a government agency will require a money order. After this, they should post the Immigration Bond within 1-5 days.

Additional Resources:

1. Deportations
2. Immigration Detention
3. Expedited Removal
4. Voluntary Departure
5. Immigration Bond
6. Asylum
7. Gender-Based Asylum
8. LGBT Asylum
9. Withholding of Removal
10. Convention Against Torture (CAT)