Deportation Detention And Bond Eligibility During Removal Proceedings
Being detained by the U.S. Immigration and Customs Enforcement (ICE) can be overwhelming and stressful for a foreign national. Our aggressive deportation defense attorneys at Wilson Law Group in Minneapolis offer innovative strategies for those facing removal proceedings. We will work on your behalf to seek eligibility for your release on a bond.
What Is A Bond?
A bond is a payment that is made to the federal government in exchange for the release of a foreign national who is being held in custody of U.S. Immigration & Customs Enforcement (ICE). In addition to paying the bond, a foreign national detainee who is released from ICE custody agrees to attend all of his or her future immigration court hearings and to follow all orders set by the court. The full amount of the bond will be returned at the end of the case if the detainee follows the rules and any court orders.
Who Decides If A Detainee Held In Immigration Custody Is Eligible For A Bond?
Initially, ICE decides if a bond will be placed on a detainee and in what amount. This decision is made shortly after the detainee is taken into ICE custody.
ICE also has the discretion to release some people without requiring the payment of a bond. In other cases, ICE may decide that a bond must be paid before a detainee will be released. There are even some cases where a detainee is not eligible to receive a bond under the immigration laws, and ICE is required to detain the person until their immigration case is finished. This is called mandatory detention.
Who Is Subject To Mandatory Detention?
Detainees with certain types of criminal convictions are subject to mandatory detention and ineligible to receive a bond. These individuals will remain in custody until their case is over. Foreign nationals with prior removal orders are also ineligible for a bond.
Who Is Eligible For A Bond Hearing?
Anyone who is not subject to a prior removal order is eligible to request a bond. If a detainee does not have a bond, but thinks he or she is eligible for one, they can request a bond hearing. Detainees who do not believe that they are subject to mandatory detention can also request a bond hearing to explain why they believe they are eligible for a bond. Detainees who already have a bond but would like their bond lowered can also request a bond hearing.
A request for a bond hearing may be made in writing. In some circumstances, a request may also be made orally in court or at the immigration judge’s discretion. A hearing will them be scheduled before an immigration judge. The judge will decide whether to place a bond or lower the amount of a bond if one has already been set.
Factors To Determine The Bond Amount
In a bond hearing, the immigration court considers various factors, including whether the foreign national’s release would pose a danger to property or persons, the foreign national is likely to appear for further immigration proceedings, and whether the foreign national is a threat to national security.
Our team of experienced deportation defense attorneys provide aggressive representation for individuals in removal proceedings and bond hearings.
Where Are Bonds Paid?
A bond can be paid at any ICE office in the United States regardless of where the person is detained. Particular requirements may vary amongst locations, although generally the payment must be in person and the person making the payment (called the “Obligor”) must have legal status in the U.S., a valid Social Security number, and present acceptable photo identification. The government will only accept U.S. Postal Service Money Orders or cashier checks payable to “United States Immigration & Customs Enforcement.”
Bond Companies For Immigration Bonds
It is not as easy to find bond companies willing to lend money for immigration cases as it is in criminal cases. Immigration bonds are generally considered to be higher risk. Bond companies willing to lend money for immigration cases may also charge high fees or interest rates.
When Is Bond Money Returned?
ICE returns the full amount of the bond money (with interest) that was paid if the detainee attends all of their hearings and follows all of the court rules and terms ordered. The money is returned once the case is over, or in some situations, when a case has been administratively closed by an immigration court.
It is very important to know and trust the obligor, or the person who pays the bond on your behalf. ICE will send paperwork to the obligor to fill out and return. The bond money will then be sent to the obligor. There have been cases where obligors have refused to return bond money to the people whom the money belongs. ICE cannot help resolve those situations. The only option to get the money back is to file a civil lawsuit against the obligor.
Contact A Deportation Defense Attorney For Bond Hearing Representation
Our deportation and removal defense attorneys at Wilson Law Group have extensive experience with immigration bonds and providing aggressive representation to detainees to request bonds, lower bond amounts and challenging mandatory detention. Contact our office at 612-430-8022 or send us an email to schedule a free consultation and case evaluation.