In the United States, immigration bonds are a particular kind of bail bond designed for non-citizens who find themselves in the custody of U.S. Immigration and Customs Enforcement (ICE).
The purpose of these bonds is to guarantee that the detained individual will attend all necessary immigration hearings and abide by the final ruling. Generally, detainees must meet specific immigration bond eligibility criteria to qualify. This blog will guide you through these requirements.
An immigration bond is a monetary assurance that the person detained will follow through with all necessary immigration procedures, like showing up for court hearings and respecting the court’s final verdict. In simple terms, it’s a financial mechanism used to temporarily free someone while their immigration case is being settled.
Who Qualifies for an Immigration Bond?
An individual not subject to mandatory detention can start obtaining an immigration bond if ICE has not already granted one. Detainees must submit a motion to the immigration court requesting a bond hearing redetermination.
The discretion to grant a bond and determine its amount is up to the immigration judge. The immigration judge will then consider various factors to determine who is eligible for an immigration bond and the amount.
Detention Status
When it comes to immigration violations, understanding the criteria for detainment and eligibility for immigration bond is crucial. Individuals held by ICE must meet specific requirements. Firstly, they should not be serving a sentence for a criminal conviction.
Additionally, being detained by ICE means that they are facing immigration-related issues rather than criminal charges. In such cases, detainees may be eligible for an immigration bond, allowing them to secure their release from custody while their immigration case is being processed.
Criminal Record
Ideally, detainees should have a clean record or less serious offenses. Being involved in violent or serious crimes can affect eligibility for an immigration bond. If you have ever been convicted of an aggravated felony, this will affect your immigration bond eligibility. Examples of aggravated felonies include:
- Drug and trafficking
- Rape, sexual abuse of a minor, or possession of child pornography
- Murder and attempted murder
- Felony alien smuggling (except for spouses, children, or parents)
- Money laundering for amounts over $10,000
Flight Risk Assessment
Bond eligibility for immigration will include determining if the detainee is a flight risk. This assessment helps ensure the individual’s presence can be secured throughout the legal process. This is particularly important since an immigration bond is an assurance that detainees will appear in all court proceedings.
Community Ties
The judge may consider the individual’s history, job status, property ownership, family in the U.S., and immigration status. The person in custody shouldn’t be a risk to society. If your past includes violent actions or crimes indicating potential harm to public safety, you might not meet the standards for immigration bond eligibility.
If you can present strong ties to your community, at your bond hearing, this could help your case and even lower your bond amount.
Immigration Status and History
Your immigration status and history can play a significant role in determining your eligibility for an immigration bond. For instance, if you’ve been deported or illegally re-entered after deportation, it could negatively impact your chances of getting a bond. Conversely, if you’ve consistently followed immigration laws and court orders, it could work in your favor when a bond is issued.
What Are the Chances of Getting an Immigration Bond?
Obtaining an immigration bond in the United States is not a straightforward process. Each case is unique and several factors come into play and can significantly impact the chances of success. Immigration bond eligibility depends on your immigration history, criminal record, ties to your community, and whether you might be a flight risk.
How Do I Claim an Immigration Bond?
You have the option to request a bond hearing from ICE if you’re detained before removal proceedings. All foreign nationals have the option to request a bond hearing either orally or in writing. You may also be able to request one using Form I-286, Notice of Custody Determination.
If they grant it, you can pay the bond and be released. However, if ICE denies your bond request or sets an excessively high amount, you can also request a bond hearing with an immigration judge.
It’s important to note that asking for a bond hearing does not guarantee that you will be granted one. You will need to present evidence to support your case for immigration bond eligibility. Additionally, you can ask the immigration judge to lower a bond set by ICE. However, remember that the judge has the authority to reduce, maintain, raise, or even order your detention without bond.
What to Do During Immigration Bond Hearings?
While there’s no foolproof method to be successful in an immigration bond hearing, starting with compelling evidence is smart. As you gear up for your bond hearing in the immigration court, your goal should be to present or demonstrate you have ties to the community.
This includes family ties in the country, employment records, property ownership or rental agreements. You will also need documents like marriage and birth certificates, reference letters, pay stubs, retail agreements, and deeds.
When it comes to an immigration court bond hearing, the support of your family and extended community members may have an impact. Not only does their presence demonstrate the strong bond and unity you share, but it also sends a powerful message to the court.
It is advisable to bring along these influential individuals as their presence alone can speak volumes about your character and ties to the community. They may also need to testify in court about your character. You should fully expect the immigration judge to ask about your life, criminal history, employment, and community ties.
Keep Your Family Together
Dealing with the immigration process can be an overwhelming and demanding experience for families and loved ones. The last thing anyone needs is additional stress during this already challenging time.
That’s why we understand the importance of providing a simple solution when it comes to immigration bonds, ensuring that families can stay together throughout the immigration process.
We aim to alleviate some of the burdens associated with immigration by offering a straightforward and accessible way to secure bonds and support your loved ones through this journey.
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