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Immigration Bonds: Buying Your Freedom

How to get a detained loved one out of ICE custody. Understanding bond hearings, costs ($1,500 to $20,000), and sponsors.

Understanding the “Bond”

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 (“Mandatory Detention”) if:

  • You serve time for certain crimes (drugs, theft, violence).
  • You are an “Arriving Alien” (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: “Is there a bond amount?”
  • 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 “Flight Risk” and not a “Danger to the Community.”
  • Evidence: Bring family letters, proof of employment, tax returns, and children’s birth certificates to show ties to the US.

Step 3: Paying the Bond

  • Who Pays: A specialized “Obligor” (usually a US Citizen or Green Card holder) must pay.
  • Where: At a local ICE ERO field office.
  • How: Usually Cashier’s 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.

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