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Immigration bonds: A path to freedom — but with conditions

On Behalf of | Aug 29, 2024 | Immigration Law

When a foreign national is detained by U.S. Immigration and Customs Enforcement (ICE), it can feel like that’s the end of their American dream. However, detention does not have to turn their lives upside down. By leveraging an immigration bond, they can work to secure their freedom and be reunited with friends or family.

However, immigrants and their families should be aware that obtaining an immigration bond isn’t a simple process. Furthermore, a detainee’s freedom is tied to specific conditions they have to follow. Understanding these conditions is crucial to help ensure compliance and avoid further complications with immigration authorities.

How are bond amounts determined?

When a foreign national gets detained by ICE, they can give the U.S. government a financial guarantee to secure their freedom. An immigration judge will determine the immigration bond by considering the foreign national’s:

  • Flight risk
  • Family and community ties in the United States
  • Criminal history
  • Immigration history

Suppose the initial bond request is denied; a detainee can request a bond hearing to provide additional evidence to support their eligibility for bond.

Conditions of release on bond

Suppose a detainee gets released by ICE on an immigration bond. In that case, they must adhere to the conditions set by the immigration judge. First, they’re mandated to attend all scheduled court hearings.

Failure to attend these hearings can send them back to detention, losing the bond amount they paid for their freedom. To help ensure compliance, released ICE detainees should stay informed of all court dates and locations. Released detainees should also know that engaging in any form of criminal activity can lead to:

  • Bond cancellation
  • Re-arrest
  • Additional charges

Another requirement is to report to ICE either in person at their office or by phone. Showing their commitment to safeguarding their freedom by following up on their case can keep them out of detention.

It’s also important that the detainee does not make any efforts to leave the United States. If they do, their pending immigration case may prevent them from legally entering the country again. Furthermore, they will lose the bond amount they paid for their freedom.

An immigration bond offers a lifeline for those detained by ICE. However, this opportunity is tied to strict conditions that must be followed diligently. Seeking legal feedback can provide invaluable guidance and support for those navigating this complex process.