If there is no one who can put the money to pay the bail in full, there are bail companies that could help. Bail companies are private agencies that pay a portion of the deposit. A friend or relative could reach an agreement with them. Be careful! Bail companies usually charge very high interest, ask for something like “endorsement,” or keep all the bail money when it is returned. A backup is something of value that people give as collateral by signing a document as an agreement that allows the bail bond company to keep the item of value if you do not show up for bail dates before the judge or do not follow the orders they have been set by the court or ICE.
Summary of a Bail Bond
A bond is a money that someone pays to get someone else who is in custody or in jail. An immigration bond is money paid to get someone who is guarded by the immigration service (Immigration & Customs Enforcement or “ICE”). If you go to all of your court hearings and follow all orders given by the Immigration Judge or ICE, including leaving the country if it is required, the bail money will be returned when your case is concluded. But, ICE will keep the money if the person does not show up to court or follow the orders.
When you contact a bail bond company, they will have two kinds of bail bonds to offer you. Their bail bonds agents at this page will help you post bail with one of these options.
How the bail money will be returned
When your immigration process has ended. ICE will return the full amount of the deposit to the person who paid it (to the debtor). The ICE office will send requests to the debtor which must be completed and returned. Once ICE receives the return papers, they will send the bail money to the debtor by mail, if the debtor changes his address before the proceedings have concluded they should notify the ICE office. ICE will not be able to return the money if it does not have the correct address of the debtor.
HOW CAN I ASK FOR A DEPOSIT?
Sometimes ICE assigns the amount of the bond. If the bond has not been assigned, you could ask the Immigration Judge to assign one for your case. You ask for a bail hearing. In the audience, you can also ask the Immigration Judge to lower the bail amount if you think that ICE assigned it to you very high. The lowest amount of a bond that an Immigration Judge can assign is $ 1,500.00. Be careful when you ask for a bail reduction from an Immigration Judge. The Judge could decide to raise the bail amount if they think it is too low. People with certain criminal offenses could not get bail.
WHAT WILL HAPPEN IN THE AUDIENCE FOR A DEPOSIT?
When deciding to assign or lower bail, the Immigration Judge will judge whether you are not an “elusive” person or a danger to the community. An elusive person is like someone who could not show up for their bail hearing date if they let go.
Some things that a Judge might think about when deciding in a bail case are:
- Your family ties to an American Citizen, and the immigration status of family members
- If there is an immigration petition that has been made in your favor
- Your community ties, such as being part of a community religious group
- If you own property in the area
- Your work history, and if any work is waiting for you once you have been released
- Your criminal history and rehabilitation
- Migration problems in the past, such as deportations, arrests, or illegal presence
- Your opportunities to obtain or maintain legal immigration status
Try to show the Immigration judge that you are not an elusive risk or danger to the community. You should have your family and friends send or bring evidence. They could be things like:
- Copies of the LPR (Permanent Resident Legal) cards, American birth certificates or Naturalization of his wife, children and parents
- Copies of receipts or prior notice approval of any immigration application that has been filled out by you
- Proof of any property you have in the United States
- Legal work proof
- Letters of support from family or community members
Paying the deposit
You may be released the same day the deposit was paid. To make sure they let you out the same day, it would be better to pay the deposit as early as possible that same day. The amount of the bond must be paid in full with a US postal money order or a cashier’s check issued by a bank. Loose money, personal checks or money orders that are not from a post office will not be accepted. Money orders or checks must be made in the name of “Immigration and Customs Enforcement.” Your family or friends must pay the bond in person at any ICE office in the United States
The person who pays the bail is called the “debtor.” The debtor must be a legal person in the USA. This debtor must be an acquaintance of yours. Otherwise, ICE will not release you. You must bring a photo identification issued by the US government and valid social insurance when paying the deposit. they should also give the following information:
- Your name, current address where you reside, and phone number
- Your name, address, telephone number and case number on file
A person who is not in the US cannot legally treat and pay bail for someone else. ICE could detain that person in custody and remove it from the USA
A person who is legal in the US but has records of criminal convictions or pending criminal charges should speak with an immigration attorney before paying bail for someone else.