Getting a call from a family member who attempted to cross the border in the United States illegally and got caught by U.S. immigration authorities can be quite a shocker. The first question you might be asked is whether you are willing and able to assist with paying a bail bond to help release your relative. At that instance, you might be pondering whether it is a wise decision to post a bail or bond for your relative and if so, whether you will be able to get your money back. Talk to an immigration attorney before making any decision if you do not know what to do.
Which Detainees Do Qualify for a Bond?
Many foreigners who are in immigration detention are eligible for immigration bonds, that is, to have a sum of money put up on their behalf that will be returned if they show up for all their court hearings and other dates scheduled with U.S. immigration authorities. However, not everyone qualifies. Some non-residents or non-citizens are subject to mandatory detention and therefore unable to get out on bond. This includes people with criminal records.
How Much is a Bond Fee?
An initial bond amount will be set by the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) District Director. The minimum amount is approximately $1500. It can be more dependent on the factors of a person’s case. ICE may factor in the following:
- The length of time your relative has lived in the U.S.
- Any family ties in the U.S
- Employment history
- Criminal Record and
- History of immigration violations
For more information on what you can do to help your detained family member discuss your situation with an immigration lawyer.
Is There a Possibility to Appeal a High Bond Amount?
After the initial bond amount is set, your relative can request that an immigration judge lower the amount. Such a petition can be made in writing or orally at the time of the hearing. Some immigration judges will conduct a bond hearing at the same time and date as the initial Master Calendar hearing. It is better to file what is known as a Motion for Bond Redetermination and request a separate hearing during which the judge will decide on the bond issue alone. Such a motion should solely state the factors that warrant a bond decrease. It is also fitting for your family member to submit evidence in support of his or her request, such as proof of legally present family ties or steady employment, even without authorization.
After such a request to appeal a high bond amount has been made the judge will then make a final determination on the bond amount. For example, if one factor the IJ used to decide on the bond based on a pending criminal matter that has since been resolved, you can ask that the bond be lowered on the changed circumstance.
Who is Authorized to Pay an Immigration Bond Amount?
As long as the IJ has made a final bond determination, the bond can be paid by any individual who is legally in the U.S. and that can be a friend, relative, or anyone else. That payment should be made at the nearest ICE office. Ensure that you have the following information when making a bond payment:
- Proof of legal status
- Original social security card and a
- Photo identification document
Also make sure to have the name, date of birth, and alien registration number of the detainee. The bond cannot be paid by cash or personal check, only by cashier’s check payable to the Department of Homeland Security (DHS).
How Do I Get My Bond Money Returned?
To be able to get the bond money back, you must hold on to the original bond document that you signed at the local ICE office when you paid the bond. Additionally, your detained family member must have complied with the immigration judge’s orders. Be sure your relative understands that your money is on the line. If your family member misses a court hearing date or tries to flee from complying with the removal proceedings, the entire bond amount will be nullified and you will no longer be able to get it returned to you.
Need an Attorney’s Help?
Paying a bond amount for a relative can be challenging if you do not know where to start the process and who to ask the right questions. An immigration law representative will be able to walk you through the process and explain in detail what needs to be done. Call Gambacorta Law Office at 847-443-9303 for more information and a consultation.