An immigration bail is the amount of money you pay to ICE for the release of a family member, or a friend who is detained for immigration issues. The bond serves as a guarantee to the government that you will appear for all your immigration hearings once you are released.

Immigration bonds are not designed as punishment for the immigration issue for which ICE detained you for (you can receive a refund once your immigration case is complete). The bond works as a guarantee as long as you comply with the requirements of ICE. Failure to meet these conditions, especially appearing for your immigration hearing, will result in the breach of your bond and possible removal. In some cases, you might become ineligible to return to the US for five or twenty years and sometimes, forever.

ICE is strict on ensuring that immigrants adhere to the laws of the US. After the arrest and conviction of an immigrant of illegal or legal status, ICE can place an immigration hold on the individual even if he or she has completed the sentence.

An immigration hold or detainer is a notification by the government to the body currently holding the immigrant, not to release the individual. When ICE places a hold on you, you will be transferred to a federal holding facility upon the completion of your term.

The common reasons ICE places a hold on you include:

• You are an undocumented immigrant or are living illegally in the US.
• You committed a deportable crime, regardless of your legal status in the US.
• You have a pending order of removal in the US.

ICE will retain the hold on you until it verifies your legal status, completes the removal hearing, or deports you. If your friend or loved one is placed on an immigration hold, you can secure their freedom by posting an immigration bail bond on their behalf.

An immigration hearing is one you request so that ICE can determine whether to release you on bail. Such hearings are different and separate from the immigration hearing concerning the issue for which you were detained.

At the immigration hearing, the judge has to decide the following:

• Whether you should be released as your immigration case is going on,
• Whether you should pay bail to secure your release from detention, and
• The amount of money you should pay for your release

If ICE already granted you bail, you can request an immigration bond hearing to have the bail amount reduced or that you be released on your own recognizance. You can write to the judge requesting the hearing (your letter must be in English) or fill in the required forms.

You only have one chance to have a bond hearing; therefore, you must be ready to present your case on why the judge should release you on your own recognizance or lower the original bail amount.

The judge will determine whether:

• You do not pose a threat to society and
• You will attend future immigration hearings if you are released.

Some of the factors the judge considers when determining the two facts above include:

• Family ties in the US and the immigration status of your family,
• Community ties in your residence in the US,
• Property and valuables that you own,
• Your work and employment history,
• Issues such as missed court dates you have previously had with the DHS or ICE,
• Your criminal record and status (whether you are rehabilitated and the steps you have taken towards rehabilitation), and
• Defenses you have or alternatives to removal

Preparation is key to a successful bond hearing. Some things you can do to get ready for the hearing include:

• Prepare what to say at the hearing (do not include false information such as denying a conviction).
• Get your information together; if you need papers or letters from family or friends, have the documents sent directly to you so that you can present them to the judge.
• Include the current street address and the address of the person you will be living with until you secure employment.
• Make copies of all the documents you will present, and keep a copy of each for yourself.

Immigration bond hearings take about a day to complete. You also have a chance to appeal the hearing if you do not agree with the judge's decision.

Note that the immigration bond hearing does not affect other immigration hearings; therefore, you must attend your immigration hearings unless the judge postpones the immigration hearings to a future date.

You, a friend, or family can post an immigration bond. If you are paying for yourself, you can pay at ICE detention center you are in.

If you are paying on behalf of your family or friend, you can pay through a cashier’s check to the Department of Homeland Security, or use immigration bond services. You must be a U.S. citizen to post an immigration bond at the facility. However, any friend or loved one can safely use our services, regardless of immigration status.

If you need the services of an immigration bond company, call us right away. You will present a valid photo ID alongside the detainee's information.

The process of paying an immigration bond takes about an hour. Once paid, whether to an ICE office or through a bail bond company, an ICE official will notify the detention center to release your loved one.

The costs of immigration bonds differ depending on the immigration status of the detainee and the issue for which they are detained. However, if you are paying a voluntary departure bond, the lowest amount you can pay is $500 and $1500 for a delivery bond.

The criminal history and the ties the detainee has to the US also play a role in the final cost of the bail. The higher the risk a detainee poses, the higher the bail amount they have to pay. Therefore, based on the circumstances and the type of bail, you could pay hundreds to thousands of dollars.

Since the cost of bail is usually high and unaffordable for most, you can work with Brennan Immigration Bonds to pay the bail on your behalf. In this case, you will have to pay a 15% non-refundable premium of the total immigration bond and secure the bond with collateral.

Yes. If you pay the bail to ICE, then you can recover a refund after the completion of the immigration case. However, if the detainee fails to attend an immigration hearing, and the court forfeits his or her bail, you cannot receive a refund.

If you posted bail through a bail bond company, you will recover the collateral. If you posted the bond with the facility directly, it could take 3 to 6 months to receive a return of collateral. If you choose to use our services, collateral is returned within 30 days of the bond being cancelled.

Not every person who is detained can qualify for an immigration bond. You might be eligible for immigration bonds if:

• You do not have prior arrests or convictions for serious offenses such as crimes of moral turpitude.
• You are not requesting admission into the US at the point of entry.
• You committed an ineligible offense while under 18 years, and five years have passed since

You are, however, ineligible for release on an immigration bond if:

• You entered the US illegally and did not get legal status after entry.
• You have committed or are convicted of crimes involving:
• Moral turpitude
• Controlled substances
• Two or more offenses that had a sentence of five or more years
• Drug trafficking
• Prostitution
• Terrorist activities

You could be ineligible for an immigration bond even if you entered the US legally and were not arrested at the point of entry if you have been charged or convicted for offenses such as:

• Aggravated felonies
• Two or more crimes of moral turpitude
• Firearm offenses
• Federal crimes such as spying
• One crime of moral turpitude for which you served a sentence of at least one year and the offense was within five years of your admission into the US or attainment of lawful immigration status.

You should speak to an immigration attorney if you have committed offenses that could make you ineligible for immigration bail bonds. Such an attorney will provide information about the available exceptions and options you can pursue.