When it comes to immigration, the way arrests work can be quite a bit different and in all honesty more difficult than it would be for a U.S citizen. This is because ICE ( The United States Immigration and Customs Enforcement Agency) typically handles cases that involve immigration bonds and they follow a different set of rules than traditional courts. To further understand this, here is an overview.
The Two Types of Immigration Bonds
Immigration bonds typically fall into one of two categories, A delivery bond or a voluntary departure bond. This of course is if the defendant’s only real charge is being in the country illegally. If the defendant is being charged for any type of violent crime or could be considered a threat to national security then no bond will be offered and they will have to be detained until their hearing. For all others, if the defendant has lived in the U.S for a while, most likely their main goal would be to try for a delivery bond. A delivery bond is a bond that allows the defendant to stay in the country while awaiting trial. This is set by an immigration judge and allows for representation to be attained without having to fear immediate deportment. The other type of bond in known as a voluntary departure bond is where the defendant volunteers to leave back to their home country to avoid prosecution. This has to be done at the defendant’s expense within a very short time period and if they overstay then the bond will be forfeited and further charges may be tacked on.
What makes immigration bonds different
One of the biggest differences with immigration bonds versus cash and surety bonds is that there are limits to who can post bond. This is not the type of bond where you can post yourself out but the person bailing out the defendant must be a legal U.S citizen or green card carrier and it needs to be someone who can be trusted because even if the money is given to them to bail the defendant out, that person will receive the money back when the cases concludes which means they could potentially take everything if they are not completely trustworthy.
Not all bail bondsman work with immigration bonds
The last major difference with immigration bonds is it is not as easy to find a bail bondsman who deals with them. Not all bail bondsman specialize or even offer immigration bonds due to extra hoops to jump through so it is important when contacting a bail bondsman to ask if they so these types of bonds just to avoid any confusion.
Overall, while there are many differences between traditional bonds and immigration bonds, the whole process is quite similar and once you find the right bondsman, the process will be very straightforward.
