Learning that your loved one has been arrested and detained by ICE can be devestating. The situation worsens when you are the detained person and may be facing the uncertainty of your future. However, detention by immigration does not necessarily mean you will be deported. You have the chance to fight for your freedom and to avoid any adverse immigration consequences. Remaining in detention causes time lost with family and friends, time lost from work and the inability to make a living.
Fortunately, you can secure your release by posting an immigration bond. An immigration bond is an amount presented to ICE in exchange for a temporary release of a defendant awaiting immigration case proceedings. You can pay your immigration bond with cash or with the help of an immigration bonds agent. Since immigration bond amounts are very high, most defendants opt to enlist the services of an immigration bonds company. At Brennan Immigration Bonds, we will post your bond and gently guide you through each step of the bond process. If your loved one is in ICE detention in Minnesota, you will need expert guidance and services.
Overview of Immigration Bonds
When an immigrant faces an arrest for illegally crossing the border or other criminal encounters in the United States, they are detained by Immigration and Customs Enforcement. Instead of remaining in custody awaiting your immigration court proceedings, you can obtain your freedom by posting an immigration bond. Once you or your loved one has been detained, a hearing will be scheduled with an immigration judge who will determine whether or not to set a bond.
By posting an immigration bond, you’re making a long-term commitment to return to court for your proceedings until the outcome of your case is determined. If someone has used their home or have paid collateral for your bond, they are trusting that the detainee will not jeopardize the return of this collateral. In order for collateral to be returned, the detainee must either show up for every hearing in immigration court or meeting with ICE officers, or alternatively, must provide proof that they have returned to their country of birth. An immigration case can take up to 5 years to be terminated. Therefore, securing the release allows you to spend time with your family. Additionally, you have an opportunity to meet with your attorney to prepare necessary documents.
You can use different methods to pay your immigration bond, including:
Cash
Immigration bonds are often very high. However, if you have the finances to cover the bond all at once, you can present the total amount at an ICE office in exchange for your loved one’s release. The benefits of using the services of a bond agency are that, most importantly, you will have access to the agency for expert help in maneuvering throughout the immigration process. Another motivating factor is that any collateral being held will be returned immediately upon cancellation of bond being received. Most times, our clients receive their collateral in less than 2 weeks, while it may take much longer if you’ve paid cash directly to the Department of Homeland Security. However, cash is not acceptable for the payment of immigration bonds if you are paying at a facility. You should obtain a certified cashier’s check if you wish to handle your loved one’s bond payment. Anyone who arrives at the ICE to post an immigration bond must have current and valid immigration status to avoid possible detention.
Not all ICE offices accept immigration bond payments. Therefore, you must schedule an appointment with the correct offices. Brennan Immigration Bonds is contracted with ICE to post our immigration bonds to any facility in any state, electronically. Distance will never be an obstacle. If you live far from the ICE offices where your loved one is detained, you can contact the offices for the next closest location.
Confusion may be a significant hurdle you will face in posting a cash bond, as you will be navigating your own way without guidance from professionals in the immigration bond industry. The amount of money required for immigration bonds is often remarkably high. Most detainees and their families lack access to the funds needed. If you are in such a situation, you can explore other immigration bond options like enlisting an immigration bond service.
Surety
When the immigration judge sets the bond, and you do not have the funds to pay it in cash, you can enlist the services of a Minnesota immigration bonds agency. Through their agents, they will provide the total amount you need for the bond at an affordable price. The role of an immigration bonds agent in your case includes:
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Assessment of Your Qualifications
Once you contact the immigration bond agency, the agent will assess your situation to determine the best way to collateralize your bond, or if you are eligible for a payment plan. While the immigration bond agency will post the bond to immigration on your behalf, they want to ensure you will not flee from your duty to attend any immigration bond hearings. Bond services are not free. Therefore, the ability to cover the premium costs is also key to the process. After gathering all the necessary information about your specific circumstances, the agent will explain exactly what the best way is for you to move forward.
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Process the Paperwork
After your approval for the surety bonds, the immigration bonds agent will begin collecting the 15% premium fee. Since an immigration bail bond is a contract between you, the surety company, and ICE, you must sign the agreement to enter the contract. Therefore, the immigration bondsman oversees the signing of the contract. Brennan Immigration Bonds can do paperwork by sending electronic documents. In this case, you will not have the additional burden of printing or scanning documents to our agency.
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Act as the Link Between a detainee, an Immigration Bond Company, and ICE
The bonds agent acts as the middleman between the immigrant, the agency, and the ICE. As the middleman, the agent maintains continuous contact with each party. The agent will follow up with the immigrant until the case ends.
Immigration Bonds Hearing
You can request a bond hearing if you are in detention at ICE, though this will not initially be necessary. You will either receive a bond or a hearing will be set upon being detained. If the judge determines that you are not eligible for a bond, or decides on a bond amount that is extremely high, then an attorney can file a motion to either have a bond set or have a bond amount decreased. A bond hearing is separate from your immigration court proceedings and does not affect your ability to remain in the United States.
Unlike the court proceedings, you will not receive any information from ICE after a bond hearing. However, some judges can choose to discuss your eligibility. You can request a bond hearing orally or by filing Form I-286. At a bond hearing, you must accompany your arguments with the following evidence:
- A support letter from your sponsor
- Proof that you are eligible for immigration relief. When you request a bond hearing, you must be prepared to present evidence and witnesses who can attest to your eligibility. If you orally request a bond hearing during your master calendar hearing, the judge may proceed with the bond hearing the same day. This will not be in your best interests since you will not have the documentation
- Evidence that you are of good moral character. The immigration judge may consider your criminal history when determining your eligibility for an immigration bond. Therefore, presenting evidence that you are good and have not been involved in illegal activity can help ensure that your immigration bond is set at a low amount.
- Proof of community ties. Solid ties like stable employment or family in the United States will improve your chances of receiving a low immigration bond amount. The evidence of the solid relations helps convince the immigration judge that you will not flee after a release.
You only have one chance to make your case for immigration bonds. The immigration judge could only schedule a second bond hearing if there is evidence of a change in circumstances.
Benefits of Hiring a Minnesota Immigration Bonds Agent
Seeking the services of a bondsman is an option for individuals who prefer to have the guidance and assistance throughout the process, or persons who may not have the financial capability to post an immigration bond on their own. Some other benefits of hiring a bond agent to handle your immigration bonds include:
Quick Release from Detention
Spending time in ICE detention can traumatize an immigrant and their family. Therefore, when your loved one or friend is in the situation, you want to secure their release as fast as possible. An immigration bonds agent has the experience to quickly navigate immigration issues to ensure that your loved one does not spend unnecessary time in detention.
Legal Expertise
Unlike criminal bonds, many people have not been in a situation that requires payment of immigration bonds. As a first-timer, the process can be challenging and draining. Since most bond agents are seasoned professionals, they have extensive knowledge to guide you through the bond process. The role of a bondsman does not end when they provide the bond money. The agent is always available to assist you or your loved with any of your questions or concerns.
Bond Payment Options
The main reason why individuals opt to work with a Minnesota immigration bonds company is to source the funds needed to pay the bond. Many times, an agency can offer payment plans on the collateral for immigration bonds. Many people who opt to pay the bond to ICE must liquidate assets, sell valuables, obtain high interest loans, or borrow money from friends or family. Though there is a premium of 15% in order to enlist the help of a bond agency, there is a wider array of options available to pay for the bond.
Avoid Tying Down your Money
Immigration court cases take months or years to resolve. When you post an immigration bond for a loved one, you cannot recover it until the case ends. Moving forward with the help of a bondsman helps ensure that you do not tie down the money that you can use for other purposes.
How can I post the immigration bond?
Researching where to pay the immigration bonds could yield different results. However, there are two basic ways through which you can pay immigration bonds. Paying cash is convenient for individuals with enough money to cover the total bond amount. On the other hand, families who cannot afford to post the cash bond can opt to hire a Minnesota immigration bonds agent. This opens other avenues, such as using a home as collateral, using credit cards (multiple, if necessary) and payment plan options.
Is the immigration bond refundable?
If the immigrant meets all the bond conditions and attends the hearing, you are entitled to receive the bond money back. Only the 15% premium is non-refundable. When the immigration case ends, ICE sends form I-391 to you, or the bond agency, canceling the immigration bond. After receiving the notice of bond cancellation, you must send it back together with Form I-305 to the debt management center. If you had an agency post the bond, you will not need to worry about anything or filing any documents. Brennan Immigration Bonds will work together with ICE to have the bond cancelled as quickly as possible.
If an immigrant has left the US through a voluntary departure bond, you will only receive the bond money back when the ICE confirms that the immigrant has returned to their home country. When the bond agency receives this proof from the embassy or consulate abroad, the bond recovery process is similar to the recovery of a delivery bond.
In addition to appearing for the immigration court proceedings, the immigration judge can attach other conditions to your release. Failure to comply with these conditions or failing to appear for a court date prompts ICE to consider the immigrant a fugitive. If you paid the immigration bond, you will receive a notice requiring you to present the immigrant to an ICE facility, which would mean that any collateral being held for the security of the bond is at risk for being lost.
Are all ICE detainees eligible for an immigration bond?
Not all immigrants who end up in ICE detention will secure a release of an immigration bond. You may face detention at the ICE when you are detained for committing a crime that presents a risk of deportation or is illegal in the United States. Immediately after you arrive at ICE, a deportation officer will assess different factors of your case to determine your eligibility for a release on bond.
Some noncitizens do not qualify for immigration bond. If ICE detains your loved one after a release from jail, they must remain in custody until the deportation proceedings end. If an immigrant is subject to the law that requires detention, neither ICE nor the immigration judge will consider them for an immigration bond.
The basis of mandatory ICE detention involves the immigrant’s criminal history. If your loved one faces criminal charges for an offense that attracts deportation or inadmissibility. The criminal grounds for inadmissibility include the commission of:
- Crimes of moral turpitude
- Multiple convictions whose combined sentence is a minimum of five years in prison
- Terrorist activities
- Drug-related crimes
- Money laundering
- Prostitution and human trafficking
What should I do if my immigration bond is denied?
You can reduce the chances of an immigration bond denial by requesting a hearing and gathering all the evidence needed to prove that you will appear in court after a release on bond. Additionally, you can enlist legal guidance to help prove that you are a flight risk. You can request another hearing if you have already been through a hearing and the bond was denied.
Before the immigration judge agrees to scheduling another hearing, you must provide the necessary evidence to ascertain that the circumstances of your situation have changed. If the judge denies your hearing, you can appeal the decision with the immigration appeals board. Often, the immigration appeal board reviews your application on paper, and your physical presence is not necessary.
What is the Difference Between Criminal Bonds and Immigration Bonds?
A criminal bond is used by defendants who cannot afford their bail following an arrest for committing a crime at a state level. A state bond is set by the county of arrest, or by a judge during an inmate’s first appearance. When posting a state bond, the premium is 10% and usually does not require collateral. The difference is that state cases typically only take a few months to close, the defendant’s usually have strong ties to the community, local employment and reside in the county of arrest. State bonds are much less risky and usually do not result in forfeitures. However, if these defendant’s do fail to appear in court, it is much easier to locate them in the community.
On the other hand, immigration bonds are for individuals in ICE detention. The Immigration and Customs Enforcement detains immigrants with issues with their immigration status or individuals who have committed deportable crimes. An immigration bond is very high, and the amount you pay for the bond services is up to 15% of the total bond. In addition to paying the premium for the immigration bonds, you must provide collateral to secure the money from a Minnesota Immigration Bonds Company.
ICE Detention Centers in Minnesota
Freeborn County Jail Services
Carver County Jail Services
Sherburne County Jail Services
Find a Reliable Immigration Bonds Agent Near Me
If you or your loved one has been detained by Immigration and Customs Enforcement, you do not have to remain detained while waiting for your immigration court case proceedings. You can secure a temporary release by posting immigration bonds. There are a variety of immigration bonds you can explore, depending on your intentions. If you hope to remain in the United States and battle your case, you can post a delivery bond. On the other hand, defendants who wish to leave voluntarily can do so through the voluntary departure bond.
At Brennan Immigration Bonds, we pride ourselves on providing fast and efficient immigration bond services to all our clients. Contact our Minnesota Immigration Bonds Agents today at 888-668-1588.