TL;DR: Understanding immigration bail bonds can ease the stress of detention. There are five main types, each serving a unique purpose. Knowing which one applies and how to request changes to bond conditions helps families navigate the system effectively. Legal guidance is essential in ensuring compliance and support throughout the process.
Main points:
- Immigration Bail Bond Basics: A financial guarantee for release from ICE custody, different from criminal bail.
- Not the Same as Parole: Bonds require payment and court compliance; parole is temporary and granted on humanitarian grounds.
- Delivery Bond: Most common; allows release with court attendance requirement.
- Voluntary Departure Bond: Refundable if detainee leaves the U.S. voluntarily.
- Order of Supervision Bond: For individuals under specific conditions due to non-removal feasibility.
- Public Safety Bond: Ensures released individual won’t access public benefits.
- Immigration Consultant Surety Bond: Legal guarantee for ethical behavior by immigration consultants.
- Variation of Bail Conditions: No formal U.S. form exists; requests must be submitted to ICE or a judge with supporting documents.
- Importance of Legal Support: Professionals help identify the right bond, meet compliance, and request changes if needed.
Facing immigration detention is deeply stressful—not only for the individual involved, but also for their family. In these moments, understanding how immigration bail bonds work can offer a sense of direction and relief. For families, knowing the different types of immigration bonds available is important. Each bond serves a specific purpose, and the right option depends on the situation at hand.
What Is an Immigration Bail Bond?
An immigration bail bond is a financial guarantee paid to the US government to secure a detainee’s release from ICE custody. It is different from the standard types of bail for criminal offences.
Is an Immigration Bond the Same as Parole?
No, immigration bail bonds and parole are not the same. A bond involves a financial payment and a legal agreement that the person will attend their court hearings. Parole, on the other hand, is a discretionary release granted for humanitarian reasons or public benefit. It does not involve a bond payment and can be granted even if the person would not otherwise be eligible for release.
Parole is rare and often temporary, and it doesn’t require any type of bail bond. An immigration bond, once granted and paid, typically allows the person to remain free for the duration of their case.
5 Types of Immigration Bail Bonds
There are 5 types of immigration bail bonds, each with specific conditions and uses. Knowing which bond types apply can help families and individuals make informed decisions during a stressful time.
1. Delivery Bond
A delivery bond is the most common type of immigration bond. It allows a detained individual to be released from custody with a pending case. However, they must attend all court hearings and comply with ICE conditions. To qualify, the detainee must receive a Notice of Custody Conditions (Form I-286) and an arrest warrant (Form I-200).
Delivery bond:
- Ensure the detainee appears at all immigration hearings.
- Allow the individual to consult with legal counsel and spend time with family.
- Amounts are set by ICE or an immigration judge, starting from $1,500.
2. Voluntary Departure Bond
A voluntary departure bond permits a detainee to leave the US voluntarily at their own expense within a timeframe. This avoids a formal removal order. If the individual departs as agreed, the bond is refundable.
In this case, you only pay $500. It helps avoid the consequences of a formal deportation. Failure to depart results in bond forfeiture and potential additional penalties.
3. Order of Supervision Bond
An order of supervision bond applies when a detainee is released under specific conditions while their case is ongoing. The bond ensures compliance with requirements like regular check-ins with ICE and other stipulations. Non-compliance can lead to bond forfeiture and re-detention. This type of immigration bond is only used when immediate deportation isn’t feasible.
4. Public Safety Bond
This type of immigration bond is less common. A public safety bond ensures that a released detainee doesn’t become a public charge. It serves as a financial guarantee that the individual won’t access public benefits. If they do, the government can claim the bond amount to cover costs.
5. Immigration Consultant Surety Bonds
While this is standard immigration bond type (one for detainees), it still applies to the immigration process. Immigration consultant surety bonds protect clients and immigration consultants. It is a legally binding agreement for consultants that provide immigration services. Consultants pay it to ensure they act ethically and adhere to laws and regulations.
Immigration Bail Variation Application in the US
After a person is released on a type of immigration bond, they may face specific conditions. These might include regular check-ins, travel restrictions, or living at a designated address. You may want to submit a variation of bail conditions for immigration.
In the UK you can fill an immigration bail variation application to try to change your bond term. There is no specific form for this in the US, but you can make similar requests through ICE or by asking an immigration judge. An immigration lawyer can help you in this process.
Regardless of bond type, you can submit a written request explaining the reasons for the change. You will need supporting documents (e.g., medical records or proof of employment). Your request will be reviewed by ICE or the immigration court.
Get the Immigration Support You Need
If you know the types of immigration bonds and possible variation of bail conditions for immigration can make a difficult time more manageable. Every situation is different, and the right bond depends on legal status, family needs, and the specifics of the case.
If your loved one is in detention or you’re navigating this process yourself, professional help can make a real difference.
Get help today to protect your rights and move forward with support you can trust.