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Immigration bonds, detention, and release

What is an immigration bond?

An immigration bond is a fine placed upon an individual should the immigration services detain them. A bond is set upon non-citizen individuals detained by the Department of Homeland Security (DHS). Bond pricing is determined on an individual, case-by-case basis. Immigration bonds have a minimum amount of $1,500 and there is no cap on how high the bond can be set to.

Immigration Detention:

Detainment can be based on a multitude of reasons, including but not limited to, current immigration status in the U.S., being deemed a threat to national security, criminal history, and more. Once you are detained, there can sometimes be a way to get out of the detention facility quicker, usually in the form of an immigration bond.

Who decides if you are eligible for an immigration bond?

Once detained, bonds are set by the Department of Homeland Security (DHS) or the Executive Office for Immigration Review (EOIR). A person is typically eligible for a bond so long as they are not currently in removal proceedings, ineligible for release due to national security reasons or on criminal grounds. There are times where you may be deemed under “mandatory detention” and ineligible for a bond or release until the resolution of your case.

Disputing the bond:

If you are found eligible for a bond and find yourself disagreeing with the bond amount, you are allowed one bond dispute hearing to present your case in front of a judge. However, it is always up to the judge whether they would agree to a reduced bond, or if they choose to leave it the same, and sometimes even raise the amount, following the presentation of your case. It is incredibly focal to remember you are only allowed one bond hearing, so prepare your case for the judge carefully.

Paying the bond:

There are several ways to pay the bond, and the most updated information can always be found on the Immigration and Customs Enforcement (ICE) website. Once someone posts the full bond on your behalf you can leave the detention facility. The person that posts the bond can receive their money back, upon your completion of all asked upon tasks by immigration, including attending the immigration court hearing (if applicable.)

The next steps after release:

Once you are released from detention on a bond, you must follow all post-release tasks, check-ins, and court hearings that are assigned onto you. If you comply with all requirements, at the end of your case you will be allowed to receive the bond money back. Should you fail to comply with any requirements, you will lose the bond amount you have paid and forfeit receiving back the money.

Contacting an immigration law office:

If you have any questions about your case and are seeking legal help, you can directly contact the Law Offices of Eugene Mogilevsky by submitting an Online Contact Form at Contact Us | The Law Offices of Eugene Mogilevsky (egmlegal.com) or by calling the office at (317) 743-7958 and scheduling a consultation with an immigration lawyer.

Disclaimer: This blog post is for educational and informational purposes only and is not to be taken as legal advice in any capacity. Reading this blog does not constitute or establish an attorney-client relationship.

*Useful Links and References:

https://www.ice.gov/detain/detention-management/bonds

“Post a Bond.” U.S. Immigration and Customs Enforcement, May 21, 2024, https://www.ice.gov/detain/detention-management/bonds.

https://www.justice.gov/eoir/reference-materials/ic/chapter-9/3

“Chapter 9 – Detention and Bond. 9.3 – Bond Proceedings.” Executive Office for Immigration Review U.S. Department of Justice, May 1, 2024, https://www.justice.gov/eoir/reference-materials/ic/chapter-9/3.

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