Immigration Bonds

If you know someone who has been detained by Immigration and Customs Enforcement (ICE), it is possible that that person is eligible for an immigration bond.  If a detainee obtains an immigration bond, that person is able to leave the detention center once a friend or relative pays the bond.  The person who pays the bond will receive his or her money back if the detainee attends all of his or her future immigration court hearings.

Not all detainees are eligible for an immigration bond.  Among those who are not eligible for bond are those detainees who have committed a criminal offense listed in the Immigration and Nationality Act (INA).  If a detainee is transferred to immigration detention directly from jail following the commission of one of these offenses, than he or she will probably be subject to mandatory detention. This means that he or she will not be able to bond out of detention.

For detainees who are eligible for an immigration bond, the best way to obtain a reasonable bond is to hire an experienced immigration attorney who can represent the detainee in a bond hearing.  The attorney will work with the detainee and his or her friends and family to collect the necessary evidence for the bond hearing.  This evidence usually includes proof of employment (letters of recommendation and pay stubs), documentation of family members who have immigration status in the U.S., and letters of support from friends and family. Various other items can be included in an evidence packet, including medical paperwork if there is any medical hardship present.

At the bond hearing, the immigration attorney will provide the immigration judge with the evidence packet.  The attorney will then present an argument as to why the detainee deserves a reasonable bond.  The key factors for the attorney to address are the detainee’s likelihood of attending future hearings if released on bond, as well as any danger to the community that the detainee might present.

At the conclusion of the bond hearing, the immigration judge will render a decision as to whether he or she will allow the detainee to bond out and how much the bond will be.  The minimum bond amount that an immigration judge may issue is $1,500.  Once the judge decides upon a bond, the detainee will be released as soon as his or her friends or family are able to pay the bond.

If you or a loved one are detained by immigration, contact John L. Wheaton, Attorney at Law at 206-829-8214 to set up a consultation.