Immigration bonds are a different type of bond then the traditionally known bonds such as surety bonds and cash bonds. The main difference being that immigration bonds are only used when dealing with a defendant who is an illegal alien. In some cases, ICE ( The United States Immigration and Customs Enforcement Agency) can release defendants on personal recognizance, but if bail has already been set, then an immigration bond is the only type of bond that would be available.
Types of Immigration Bonds
For the most part, immigration bonds can be separated into two different types. A Delivery bond and a Voluntary Departure bond. It also should be noted that if the person detained has any ties to terrorist threats or may be considered a threat to national security in any way, they will not be offered any type of bond whatsoever. With that said, if someone is eligible, the main goal would be to try for a Delivery bond. A Delivery bond is set by an immigration judge and it allows for the defendant to stay in the country with their family and seek council without the immediate threat of deportation or detainment. A Voluntary Departure bond, on the other hand, is where the defendant volunteers to return to their home country at their own expense within a certain time frame. If they do this, the bond money will be returned but if they do not leave within the promised time frame, the money will be forfeited and further legal action will ensue.
Rules regarding immigration bonds
One of the main laws dealing with immigration bonds is that only a U.S citizen or green card holder can actually post bond for a defendant so a person would have no way to bail themselves out under any circumstances. Because of this, a defendant will almost always have to rely on a family member or trusted friend to take on this task and all money refunded will go back to this person.
Finding a bail bondsman who does immigration bonds can be difficult
If you decide to search for a bail bondsman to negotiate your bail, it is important to understand that not all places actually offer immigration bond services so it is important to do research and find the best company to work with your needs.
