Immigration Bail Bonds
What is an Immigration Bail Bond?
You might be detained by ICE (Immigration and Customs Enforcement) due to criminal charges or violation of immigration laws. You might be eligible for an immigration bail bond, which is a sum of money paid to the Department of Homeland Security to guarantee that you will appear in court on time for your trial or report to ICE as required.
Who is eligible to apply for an Immigration Bail Bond?
An immigration judge will consider the following three factors to decide whether to approve the bail:
Whether the applicant meets the bail conditions: The applicant is not eligible for bail if they are detained during the entry process, have previously been deported, have received a final deportation order, or have a criminal record of serious offenses.
Whether the applicant poses a danger to the public: The judge will consider the applicant's criminal record to decide if releasing them would pose a danger to the public. This includes police records, pending cases, previous convictions and arrest records, evidence of rehabilitation, and other relevant evidence.
Whether the applicant is likely to abscond: The judge will consider whether the applicant has strong ties to the community, whether there is a need for bail, and whether they have a record of appearing in court for other cases.
How to apply for Bail?
Apply directly to ICE for bail: If ICE sets a bail amount, the applicant can be released upon payment of the bail.
Apply to the immigration court for bail: If ICE does not set a bail amount, or if the amount is too high, the applicant can apply to the immigration court for a bail hearing and request bail from an immigration judge.
Rights of the Immigration Judge: The applicant can request the immigration judge to lower the bail amount. The judge has the authority to increase or decrease the bail amount, or even deny bail.
The bail amount is generally $1,500, and can go up to $10,000, depending on ICE’s or the immigration judge’s assessment of the risk of the applicant fleeing.
Who can pay the Bail for the Applicant?
The person who pays the bail for the applicant is called the bond guarantor. Only U.S. citizens or permanent residents who are at least 18 years old are eligible to be bond guarantors.
Can the Bail be Refunded?
Yes. Once the case is concluded and the applicant has not absconded, ICE will send a notice of cancellation of the bond to the bond guarantor’s address. The bond guarantor can apply for a refund of the bail using this notice.
What services does AllBelief Law Firm provide?
We represent you in applying for bail to ICE or for a bail hearing in immigration court.
We help you collect and organize evidence materials that meet the bail conditions.
We answer all your questions related to the bail application clearly.
We help you categorize and organize materials that need to be translated.
We handle the submission and retrieval of the bail on your behalf.