When U.S. Immigration and Customs Enforcement (ICE) detains someone, their loved ones often face the task of understanding the immigration process alone. This can be challenging and stressful for loved ones. The delivery bond is a crucial tool among the many processes, yet it remains unclear to many. What exactly is a delivery bond for immigration, and what does posting bond mean?
Immigration bonds offer detainees a chance to comply with legal processes while granting them some freedom. These financial guarantees ensure that the individual will attend all necessary hearings.
What is a Delivery Bond?
A delivery bond is an immigration bond that allows an individual detained by ICE to be released temporarily as they await court proceedings. It is set by an immigration judge or ICE itself.
Unlike criminal bail, this bond is solely related to immigration matters and does not imply any criminal charges. The immigration delivery bond serves as a motivation for the detainee to follow all court orders and remain engaged in the legal proceedings.
Posting bonds is important because support from family and legal counsel outside of detention gives detainees a better opportunity to prepare for a strong defense. This support can make a significant difference in the outcome of their proceedings.
The bond amount varies based on factors such as the detainee’s immigration status, community ties, and any criminal history. Amounts can range significantly, impacting the financial burden on the family or friends posting the bond.
Criteria for Granting an Immigration Delivery Bond
The eligibility for a delivery bond for immigration is determined based on several factors, including:
- an immigrant’s ties to the community, such as family relations and employment.
- the probability that the detainee will show up for all scheduled court hearings
- criminal record and history
- immigrant’s risk to the broader community
It’s important to note that only some detainees are eligible for a delivery bond. Individuals with specific criminal convictions or those considered a security risk may not qualify for this option.
The Process of Posting a Bond
The process of posting a bond for an immigrant detained by ICE is intricate. Understanding the steps and requirements involved is essential:
- To determine bond eligibility, check if the detainee is eligible during their initial detention hearing or inquire directly with ICE.
- Bond amounts are determined by an immigration judge based on factors like the detainee’s immigration status, family ties, and criminal record.
- After determining the bond amount, collect the required funds, which may involve pooling resources from family and friends due to the potentially high cost of bonds.
- Consider using a bond agent specialized in immigration bonds to expedite the process of posting a bond.
- Post the bond by paying the full amount directly to ICE using a cashier’s check or money order. Keep receipts and related paperwork for record-keeping. You will need to complete this form from ICE.
- Upon posting the bond, ICE will process the release, a procedure that can span from hours to days.
What Does Posting Bond Mean?
Posting a bond requires a considerable financial commitment. Essentially, the cash paid for the bond serves as a guarantee that the detainee will adhere to all immigration processes and show up for court appearances. However, not everyone has access to funds to post a bond for a loved one. Immigration bond agencies like Liberty Immigration can help with this.
The person or organization that posts the bond takes on a legal duty to ensure the detainee shows up at all necessary hearings. If they don’t follow through, they risk losing the bond money.
Responsibilities of Who Posted a Delivery Bond for Immigration
One key duty of the individual posting the bond is to guarantee the immigrant in custody shows up for all court appearances. Failing to fulfill this obligation can result in the forfeiture of the bond amount.
They are also involved in overseeing and ensuring that the detainee strictly adheres to all release conditions. This includes closely monitoring activities such as:
- staying within designated areas
- attending scheduled check-ins
- actively engaging in court-mandated programs.
Legal implications are a serious consideration when it comes to non-compliance.
Failure to adhere to release restrictions can result in a myriad of legal complications for the individual in question. This can includie potential arrest and detention. These actions could have detrimental effects on their current immigration case, creating further obstacles and challenges.
How Long Does It Take to Get an Immigration Bond?
When an immigrant is in custody, the next step is for an immigration judge to assess whether they are eligible for a bond. The timeline to get a delivery bond for immigration can range from just a few days to potentially several weeks. It depends on factors such as:
- the individual’s location
- the backlog of cases in the immigration court system
- unique details of each case
Once eligibility is confirmed and a bond amount is set, the bond can be posted promptly. The processing time for releasing the detainee after posting the bond also varies.
How Long Does It Take for Immigration to Return a Bond?
An immigration bond is typically returned after the immigrant completes the necessary court appearances.
The duration for processing the return of the bond can vary quite significantly. Typically, it takes the government a span of several weeks to a few months to complete the necessary steps and issue the bond refund. They must ensure all requirements have been satisfied. However, delays are not uncommon and may be caused by administrative bottlenecks or paperwork-related complications.
Maintain constant communication with immigration authorities to ensure that all the necessary requirements are met promptly. This way, you can tackle any issues that may crop up during the process.
Get Your Loved Ones Out of Detention
Liberty Immigration has simplified posting immigration bonds. No more waiting in lines or dealing with paperwork at a physical office. You can now handle everything from the comfort of your own home. We have a safe and secure online platform for you to complete all the necessary documentation hassle-free.