Bail is a way to secure the temporary release of someone waiting for their court hearing. It guarantees that the person will return for their trial. However, bail for illegal immigrants works differently than for other cases. Immigration laws follow a separate legal process from criminal laws.
5 Key Differences between Immigration Bail and Regular Bail
Applying for immigration bail involves several steps. It’s important to follow the process carefully to avoid delays or denials. Here’s how the application works:
1. They Go Through Different Legal Systems
Criminal courts under federal or state law handle regular bail. In criminal cases, only a court can make the final decision about bail. However, the immigration court under Department of Homeland Security (DHS) control bail for immigration.
Immigration cases focus on legal status and deportation, not criminal charges. Immigration and Customs Enforcement (ICE) enforces the immigration laws. This can cause delays and confusion since detainees may not be familiar with these procedures.
In immigration cases, ICE officers can initially decide whether a detainee is eligible for bail. If ICE denies bail, the detainee must request a bond hearing, which can take weeks or months.
2. They Have Different Types of Bonds
Bail allows someone arrested to leave custody while waiting for court. It acts as a financial guarantee that they will return for their hearing. If they show up as required, the bail money is refunded. If not, it’s forfeited.
Bail bonds for criminal charges typically offer cash bail, surety bonds, or property bonds.
When an illegal immigrant is detained, they may be eligible for an immigration bond. This bond allows them to be released while their immigration case is pending. Unlike regular bail, immigration bail is handled by the Department of Homeland Security (DHS) and immigration courts.
There are two main types of immigration bonds:
- Delivery bonds which allow detainees to be released under certain conditions. They must attend all immigration hearings and comply with court orders.
- Voluntary departure bonds, where detainees pay this bond to leave the United States voluntarily. If they leave as required, they get the bond money back. If they do not, the money is forfeited.
3. Payment Terms
Bail bonds for illegal immigrants have different payment terms than standard bail bonds. Immigration bail requires full cash payment via a cashier’s check or postal money order to ICE. No fees are associated with immigration bail. Also, only a lawful US resident can post bail for an illegal immigrant.
Regular bail usually allows a 10% payment of the bail to a bail bondsman. That 10% is non-refundable. However, anyone, including non-residents can pay the bond, often with collateral.
4. Enforcement Procedures
Since bail for immigration and regular bail work are handled by different departments, they are enforced differently. If immigrants violate the terms of their bail, the bond is forfeited, and they risk possible deportation. For regular bail, breaching conditions can lead to re-arrest, bond forfeiture and possibly more criminal charges.
5. Eligibility Requirements
The eligibility requirements for bail for illegal immigrants are different from criminal cases. Immigration bail is not guaranteed. Immigration judges must assess criminal history, community ties and the potential flight risk. Generally, they give bail bonds for illegal immigrants who are not a national security threat.
Immigration bonds come with strict requirements. Detainees must attend all court hearings and often face close monitoring.
If the government believe detainees have a strong chance of leaving, judges are more likely to deny bail or set a high bond amount. Judges require stronger evidence of community ties, such as letters from employers, landlords, or family members who are citizens. In immigration cases, even minor criminal offenses from the past can make detainees ineligible for bail.
Criminal courts will grant bail unless the defendant poses a flight risk or public danger. Conditions for bail may include drug testing, surrender of passports and even retraining orders.
How to Make a Bail Application for Illegal Immigrants
A bail application for illegal immigrants can be made if you were initially denied bail. Her’s how:
- Request a bond hearing. Ask the immigration judge for a hearing or wait for ICE to set a bond.
- There is no official bail application form for immigration detainees. But you can fill out a Bond Worksheet in the courtroom.
- Submit proof of US family ties, stable residence, and employment to show low flight risk.
- Attend the hearing. The judge reviews the case and sets the bond amount if approved.
- Pay the bail bond for illegal immigrants. A US citizen or lawful resident must pay the bond at an ICE-approved facility.
Secure Immigration Bail Bonds with Confidence
Understanding the unique challenges of immigration bail can help you or your loved ones navigate the process. Liberty Immigration is a trusted bail bond agency that can simplify the process for a faster release. Get help today!