A Detailed Explanation of Immigration Bonds and Payment of Bond

Within the U.S. immigration enforcement and immigration adjudication system, the term “bond” does not represent a single, uniform legal concept. Depending on the procedural stage of a case and the individual’s legal status, different types of custodial release mechanisms may apply. These mechanisms differ fundamentally in their legal basis, eligibility requirements, underlying purpose, and the consequences of noncompliance.

In practice, the types most commonly confused include: Delivery Bond, Voluntary Departure Bond, and Order of Supervision Bond. In recent years, the CeBONDS (Cash Electronic Bonds Online) system introduced by ICE has further changed the methods by which bonds may be posted. This article provides a systematic explanation of the above bond types in light of current law and official mechanisms.

I. Delivery Bond: “Appearance Security” During Ongoing Proceedings

A Delivery Bond is the most common and earliest form of immigration bond to come into play. It applies when an immigration case is still pending before an Immigration Judge (IJ) and no final order of removal has yet been issued. Its primary legal basis is Section 236(a) of the Immigration and Nationality Act (INA).

From a functional legal perspective, the purpose of a Delivery Bond is not to ensure that the individual departs the United States, but rather to ensure that, while proceedings are ongoing, the individual appears at required hearings, cooperates with the process, and submits to supervision or reporting requirements when requested by ICE. In other words, this is a form of appearance security, not departure security.

Procedurally, ICE (Immigration and Customs Enforcement) may determine at the detention stage whether to grant a Delivery Bond and in what amount. If the individual or their attorney disagrees with ICE’s determination, they may request a bond redetermination hearing before an Immigration Judge. At this stage, the Immigration Judge has clear authority to review and exercise discretion.

Once the case is lawfully concluded, or ICE no longer needs the bond to ensure compliance with appearance obligations, the Delivery Bond must be canceled. In practice, this usually occurs under the following circumstances: lawful termination of the case, lawful departure of the individual (including timely completion of voluntary departure), re-detention by ICE, or the death of the individual. After cancellation, ICE issues Form I-391 (Notice of Immigration Bond Cancelled) to the bond obligor and refunds the bond principal.

II. Voluntary Departure Bond: Ensuring “Timely Self-Departure”

Unlike a Delivery Bond, a Voluntary Departure Bond is not intended to ensure court appearance, but rather to ensure that the individual departs the United States voluntarily within the time period authorized by the court.

Voluntary Departure (VD) is a statutory mechanism under U.S. immigration law that allows eligible individuals, with government authorization, to depart the United States on their own initiative rather than being forcibly removed by ICE. If the individual departs within the prescribed time, the legal consequences of voluntary departure differ from those of a removal order.

Legally, voluntary departure exists in two forms, corresponding to INA Sections 240B(a) and 240B(b). In practice, these are commonly referred to as Pre-Conclusion Voluntary Departure and Post-Conclusion Voluntary Departure. It must be emphasized that “Post-Conclusion” does not mean that removal has already occurred; rather, it refers to a situation in which, at the conclusion of proceedings, the Immigration Judge grants voluntary departure in lieu of immediate execution of a removal order.

In Post-Conclusion voluntary departure cases, the Immigration Judge typically issues an alternate removal order at the same time. This removal order only becomes effective if the individual fails to depart within the authorized period. If the individual timely completes voluntary departure, the removal order never takes legal effect and therefore does not trigger issues related to having been “previously removed,” including the need to file Form I-212 for permission to reapply for admission.

Whether a Voluntary Departure Bond is required depends on whether the Immigration Judge expressly orders one when granting voluntary departure. In Post-Conclusion voluntary departure cases, the law generally requires the setting of a bond of no less than USD 500 to ensure compliance with the departure obligation. It is important to note that a Voluntary Departure Bond and a Delivery Bond represent entirely separate legal obligations. Even if a Delivery Bond already exists, it does not automatically convert into or offset a Voluntary Departure Bond.

III. Order of Supervision Bond: A Supervisory Tool After a Removal Order

An Order of Supervision Bond applies at an entirely different procedural stage. This type of bond arises when a final order of removal already exists, but ICE is unable to execute removal immediately due to practical constraints.

In such circumstances, ICE may issue an Order of Supervision pursuant to INA Section 241, allowing the individual to be released within the United States on a temporary basis while remaining subject to strict supervision. This supervision may include periodic reporting, residence restrictions, employment limitations, and ongoing cooperation with removal arrangements. To ensure compliance with these conditions, ICE has the authority to require the posting of an Order of Supervision Bond.

Unlike the first two bond types, an Order of Supervision Bond falls entirely within ICE’s administrative authority. Immigration Judges have no jurisdiction over such bonds, and there is no bond hearing or bond redetermination process. This type of bond does not overlap temporally with a Delivery Bond, nor do their applicable stages intersect.

IV. CeBONDS: ICE’s Official Online Cash Bond System

With respect to payment methods, ICE has in recent years gradually implemented CeBONDS (Cash Electronic Bonds Online). The official website is:https://cebonds.ice.gov/

CeBONDS is ICE’s official online platform for processing cash immigration bonds, including Delivery Bonds, Voluntary Departure Bonds, and Order of Supervision Bonds (provided that ICE has authorized or required payment of the applicable bond). Through this system, eligible bond obligors (typically U.S. citizens or lawful permanent residents) may complete online account registration, identity verification, electronic execution of Form I-352 (Immigration Bond), and payment of the bond amount through the banking system.

It should be noted that CeBONDS supports bank transfers only, such as ACH or Fedwire, and does not accept credit cards, debit cards, or cash. Although the system has become the primary payment channel in many jurisdictions, ICE may still require in-person verification or supplemental documentation in certain cases. Accordingly, it remains advisable in practice to confirm procedural details in advance with the relevant ERO office.

Summary of Immigration Bonds

Understanding the legal nature of immigration bonds is more important than understanding the bond amount itself. Under the U.S. immigration law framework, a bond is not simply a matter of “paying money for release,” but rather a legal tool that uses financial security to guarantee the performance of specific obligations. Different types of bonds correspond to different procedural stages and different obligations, and their legal consequences differ entirely.

With the expansion of CeBONDS, online payment is gradually replacing traditional in-person methods, but this has not altered the fundamental legal distinctions among the various bond types. Only by fully understanding the respective functions and boundaries of Delivery Bonds, Voluntary Departure Bonds, and Order of Supervision Bonds can informed and compliant decisions be made in actual cases.

(Disclaimer: The information published herein is provided for reference purposes only and should not be regarded as legal authority or legal advice on any subject. All rights reserved. Reproduction requires permission from Allbelief Law Firm.)