If you or a family member have been picked up by U.S. Immigration and Customs Enforcement (ICE), an immigration bail bond might be available. A bond is an enforceable legal promise by the person who is being held in custody by ICE that obtains the release of the person being held in return for bail money being paid as collateral. A mandatory appearance court date is set, and the person who is in custody is set free. Some people are even released on their recognizance without the necessity of posting any bail bond.
Voluntary Departure Bond and Delivery Bond
The person who is being detained has two bail bond choices. First, there is a voluntary departure bond pursuant to 8 CFR section 1240.26. The other available option is known as a delivery bond pursuant to 8 CFR section 103.6. You or your family member will most likely want a delivery bond.
What is a Voluntary Departure Bond?
When a person who is in ICE custody obtains a voluntary departure bond, he or she must leave the United States on or before a specific date that is set by an immigration court judge. The individual will be responsible for all of his or her expenses in doing so. With a voluntary departure, the person might remain eligible for legal entry into the United States in the future.
What is a Delivery Bond?
Nearly all people who are in the custody of ICE and eligible for a bail bond will seek what’s known as a delivery bond. If it’s granted, the individual is granted conditional release and will be required to return to court on a certain date, time, and location. Along with other relevant factors, the severity of the crime that the person in custody is charged with will be taken into consideration by the judge. The amount of any bail bond that might be set by the court will depend on these factors.
The Advantages of a Delivery Bond
Most individuals who are in the custody of ICE and their families are unable to provide the sums necessary to post a bail bond, but there are bail bonds Twin Cities-based that provide such services. The use of bail bond services will allow a person who is charged with a crime to continue to help support his or her family while also participating in their own criminal defense.
Take notice that any bail bond money paid by or on behalf of an individual who is in the custody of ICE is returned at the end of the immigration court proceeding, so long as the detainee complies with all terms and conditions of bail bond set by the judge. An immigration bail bond service will charge a fee that is based on the full amount of the bail bond. If the person who was in custody fails to appear in court for any required appearance, it’s highly likely that the bond will be forfeited, and any friend or family member who signed or co-signed for it will owe the bail bond service the full amount that he or she promised to reimburse the service.