If someone is arrested and detained on an immigration charge by the Department of Homeland Security, they may be held in a detention center to wait until their hearing. One option to get out of the detention facility while waiting for a hearing is to pay a designated amount of money to be freed, called an immigration bond. Paying a bond may provide temporary release from the detention center, but future court proceedings are required following release. The bond money is a guarantee that you will show up for your hearings with U.S. immigration authorities. If you do not attend future court hearings, the bond will immediately be revoked and the government may take action.
The amount of the immigration bail bond is set by the Department of Homeland Security, Immigration and Customs Enforcement (ICE). If you think the amount of the bond is too high, you can request an immigration judge for a Bond Hearing to lower the bond amount. A judge will ask questions about the detainee’s background to determine if he or she poses a flight risk or if he or she is a danger to the community.
An immigration bond can be paid by any person who is a legal resident or United States citizen—a spouse, friend, relative or anyone else.
At the resolution of the case, if the detainee complied with all ICE and court instructions and appeared at all hearings you are entitled to get your bond money back. According to the Washington Post, U.S. Immigration and Customs Enforcement is holding on to more than $200 million in bond money that belongs to immigrants who have been detained. If your immigration bail bond money is not returned, an immigration attorney can help you reclaim your money.
In most cases, you only have one chance to make your case at a bond hearing. Speaking to a qualified immigration attorney is important so that you can present your strongest arguments at a bond hearing. The immigration attorneys at Chicago’s Godoy Law Office fight for the rights of immigrants in Illinois and help immigrants navigate the complex and numerous immigration policies, procedures, and regulations. If you need help with an immigration issue, please contact our office at 855.554.6369.