Immigration Bonds and Voluntary Departure Requirements
For Anyone Facing an Immigration Hold Criminal Charge
Navigating the legal system can get confusing — and quick, especially if you’re unfamiliar with the judicial process and court hearings. And despite there being fewer immigration arrests in the 2021 fiscal year, according to U.S. Immigration and Customs Enforcement (ICE) data, the impact of these arrests on families with little to no knowledge of their rights and court responsibilities can be staggering without preparation.
Rest assured that you or your family can find the easy answers here at ABC Bail Bonds.
Now, to ensure you have a working understanding of the legal system and how it applies to immigration arrests, it’s important to start with something detainees typically need after an arrest– an immigration bail bond.
What Are Immigration Bonds And How Do They Work?
If you want to get somebody out of jail while they wait for their court date, but they weren’t granted a Personal Recognizance (PR) bond, you will either need to pay their full bail amount out of pocket or secure a bail bond from a local bail bonding company. A bail bond requires a defendant, someone who’s been accused in a court of law or charged with a crime, to pay a certain amount as a guarantee that they’ll return for their trial. Once they’ve paid their bail bond (via cash or credit card in some jails), the defendant can go home until their court date.
Concerning immigration issues, bail bonds take on a new meaning with different requirements. Immigration bonds are required when someone has been arrested and detained by ICE for questionable legal immigration status, should they want to be released. While immigration bonds tend to cost about 20% of the full amount, costs can be mitigated if the bond amount selected by the immigration judge or ICE is paid-in-full. If you pay the full amount upfront, that money will be refunded back to the detainee after they attend all their court hearings.
Otherwise, they will be forced to wait inside an ICE facility until their court date arrives, which can take some time. The length of time they must wait largely depends on which jurisdiction the defendant is detained in and how many cases the court has to process in that area.
Now, knowing what immigration bonds are is different from knowing how they work in real-time when things are chaotic and you’re left trying to problem solve in a very short amount of time. That’s why ABC Bail Bonds in Houston, Texas is going to tell you everything you need to know about immigration bonds. So, you can still work through bail bond agencies to obtain immigration bonds since they’re usually open 24-hours a day. After all, arrests can happen anytime, anywhere.
When you use a bail bond agency like ABC Bail Bonds, you will need to fill out some paperwork, whether it be paper or electronic. This is done to establish a contract between the person posting bail and the bail bond agency, stating they are also responsible for making sure the defendant shows up to their court date and all other court proceedings. Typically, this responsibility requires collateral to be put up to ensure the defendant shows up in court.
Now that you know what bail bonds and immigration bonds are and how they work, it’s important to understand the different types of bonds that concern immigration arrests.
Different Types Of Immigration Bonds
Immigration bail bonds can be difficult to understand and navigate, especially with limited resources in place to help detainees and their families. That’s why ABC Bail Bonds is dedicated to providing easy-to-understand information and helping determine if a detainee even qualifies for a bond release. Below you can find the criteria that must be met to qualify for an immigration bond:
- A clean criminal record
- A permanent physical residence
- An arrest that wasn’t at a port of entry to the state
That being said, there are two types of immigration bonds you should be aware of: voluntary departure and delivery bonds. Each of them involves bonds to be paid to ICE, as a federal bond acting similarly to the aforementioned bail bonds.
Voluntary Departure Bonds
The detainee can be released but they are required to leave the United States by a predetermined date — and at their own expense. To get out of jail, the immigrant must post a voluntary departure bond, usually for no less than $500. If the person leaves the country by the specified deadline, the bond amount (paid-in-full) is refundable.
If they don’t leave in time, they will accrue additional legal fees, be ineligible o receive cancellation of removal, adjustment of status, registry, voluntary departure, or a change of nonimmigrant status, and the government will issue an order of removal.
A far more common type of immigration bond, detainees will be allowed to return to the address they provided ICE so long as they show up to all of their immigration hearings. The detainee will also be able to consult with an immigration lawyer and visit family while awaiting their court date. An immigration judge or ICE is capable of determining whether an illegal immigrant qualifies for this type of bond. In order to be released, the detainee must receive an arrest warrant and a notice of custody conditions from ICE.
ABC Bail Bonds – Affordable Immigration Bonds
Once the immigration judge sets the amount of bail, all there’s left to do is reach out to a bail bonds agency like ABC Bail Bonds to get you all the help you need. Dial (713) 222-6222 at any time to discuss your situation with one of our experienced bonding agents or drop by our office at 400 San Jacinto St. in Houston, Texas, to begin the necessary paperwork.
If you or your someone you know requires an experienced, friendly, fast, reliable, full-service, bail bonding company, call ABC Bail Bonds at (713) 222-6222 or send us a quick message below