When an individual is detained by CBP or ICE they will generally be given an initial bond determination. This can occur one of two ways: CBP or ICE can agree to give the individual a bond and set the bond amount or an immigration judge will make the determination. If CBP or ICE does not agree to a bond, the detained individual must request a bond determination hearing either in writing or orally. This hearing will occur in front of an immigration judge.
The individual will have to prove they are not a danger to the community and that they are not a flight risk. The following factors can be used to prove you are not a danger to your community:
Showing a lack of a criminal record.
Showing community involvement.
Showing how long you have lived peacefully in your community.
If you have a criminal record, showing that you have completed any probation ordered.
If you have a criminal record, showing the period of time you have lived peacefully in the community since your last conviction or arrest.
Individuals with criminal records will have a more difficult time proving they are not a danger to the community.
Proving you are not a flight risk consists of proving you will be present at your next immigration hearing and that you will be present at all subsequent immigration hearings. The following factors can be used to prove you are not a flight risk:
Showing your family ties in the community and state where you reside.
Showing your family ties in the United States.
Showing your employment history in the United States.
Showing you have community ties in the community where you reside.
Showing you are eligible for immigration relief which will grant you lawful status in the United States.
Showing that it is in your best interest to be present at all of your hearings before the immigration judge.
What If I Cant Afford My Bond or It Is Denied?
If the bond amount set is an amount that you cannot afford or if your bond is denied, you can request a bond redetermination hearing. However, you will have to prove that circumstances have changed materially since the initial bond determination. Generally speaking, it is not easy to prove that circumstances have changed to a material degree worthy of a bond redetermination hearing.
What Will Be My Bond Amount?
The amount of bond that is set varies on a case-by-case basis. The bond amount is set depending on your history and the reason for which you have been detained. The immigration judge has full discretion is setting your bond amount. However, the lowest bond amount that an immigration judge can set is $2,500.00.
How Can I Pay My Bond?
There are two common ways to pay for a bond amount set by an immigration judge. You can pay the entire amount of the bond to the immigration court with personal funds or you can have a bond company pay that amount for you.
If you choose to retain the services of a bond company they will charge you a percentage of the bond amount in order to pay the full amount of the bond on your behalf. Additionally, the bond company may require you to put up assets as collateral for the bond amount they will pay on your behalf. Examples of assets to be used as collateral can include vehicles or a house.
What Happens If I Pay My Bond Amount?
Once you or a bond company has paid the bond amount, you will be released under the condition that you show up to all of your immigration court hearings.
When Will I Get My Bond Amount Returned?
If you paid the bond amount with personal funds, you will receive the bond amount you have paid to the immigration court at the conclusion of your immigration case. Your immigration case will be considered concluded when the immigration judge tells you that your case has been terminated and you no longer have to return to the immigration court. It is very important to note that immigration cases can sometimes take various years before they are concluded. If you fail to show up to your immigration court hearings, you will lose the bond amount you paid to the immigration court.
If you chose to have a bond company pay your bond amount, you will not receive the percentage you paid to them once your immigration case has been concluded. That percentage amount is considered a non-refundable fee by the bond company. If you do not show up to your immigration court hearings, the bond company will lose the bond amount they paid to have you released. If you placed assets as collateral with the bond company, the bond company may be able to use those assets to satisfy the bond amount they lost.