Understanding the âBondâ
When someone is detained by ICE, they are held in a county jail or a private detention center. They may be eligible for release if they pay a cash bond. This is essentially a security deposit to promise they will attend all court hearings.
The Cost: Unlike criminal court, where bondsmen take 10%, immigration bonds usually must be paid 100% in full.
- Minimum: $1,500 (by law).
- Typical: $5,000 to $15,000.
- High End: $25,000+.
Who is Eligible?
Not everyone gets a bond. You are ineligible (âMandatory Detentionâ) if:
- You serve time for certain crimes (drugs, theft, violence).
- You are an âArriving Alienâ (detained at the border/airport).
- You have a final deportation order.
The Process
Step 1: The Initial Determination
When first detained, the ICE Deportation Officer decides if a bond is granted.
- Ask the Officer: âIs there a bond amount?â
- If YES: You can pay it immediately.
- If NO: You must ask for a hearing.
Step 2: The Bond Hearing
If ICE sets the bond too high (e.g., $15,000) or denies it, you can request a Bond Hearing before an Immigration Judge.
- The Argument: You must prove you are not a âFlight Riskâ and not a âDanger to the Community.â
- Evidence: Bring family letters, proof of employment, tax returns, and childrenâs birth certificates to show ties to the US.
Step 3: Paying the Bond
- Who Pays: A specialized âObligorâ (usually a US Citizen or Green Card holder) must pay.
- Where: At a local ICE ERO field office.
- How: Usually Cashierâs Check or Money Order only.
Getting the Money Back
Keep the receipt (Form I-305) safe!
- If you Win: You get the money back + interest.
- If you Lose (Deported): If you comply and leave the US, you get the money back.
- If you Run: The money is forfeited to the government.
Paying a bond does not end the case. It just allows you to fight from the outside.