Immigration bond is a crucial aspect of U.S. immigration law that allows certain detained individuals to be released while awaiting immigration court proceedings. At Francis Law Center, we specialize in helping clients navigate the complexities of immigration bonds, ensuring the best possible outcome for those in detention.
What Is an Immigration Bond?
An immigration bond is a financial payment made to secure the temporary release of an individual who is being detained by Immigration and Customs Enforcement (ICE) while their case is being processed. The bond acts as a guarantee that the individual will attend all scheduled court hearings and comply with the decisions made by the immigration court.
There are two main types of immigration bonds:
- Delivery Bond: Allows the release of a detainee who is under ICE custody. The individual must agree to attend all hearings and follow the court’s orders.
- Voluntary Departure Bond: Allows the individual to leave the U.S. voluntarily within a specified time. This bond is refundable once the individual departs the U.S., assuming they follow through with the voluntary departure.
Eligibility for an Immigration Bond
Not everyone in ICE custody is eligible for a bond. Eligibility depends on factors such as:
- Criminal history: Individuals with a criminal record may not qualify for bond.
- Risk of flight: If a person is considered a flight risk, the judge may deny bond or set a high bond amount.
- Danger to the community: If the detainee is considered a threat to public safety, bond may be denied.
Requesting a Bond Hearing
If your loved one is in immigration detention and has not been given a bond, our attorneys can file a Motion for Custody Redetermination, requesting a bond hearing. In the bond hearing, the immigration judge will review the facts of the case, including the individual’s family ties, employment history, and community support, to determine whether bond is appropriate and if so, the amount.
For example, in the Motion for Custody Redetermination that we recently filed for a client, the judge was asked to release the client on bond due to their strong community ties and lack of criminal history. We provided evidence, such as a financial sponsor willing to support the detainee and reference letters attesting to the individual’s good moral character.
Factors the Immigration Judge Will Consider
When determining bond, the judge will consider several factors, including:
- Family ties in the U.S.: Whether the detainee has U.S. citizens or lawful permanent residents in their family.
- Community support: Reference letters from family, friends, and employers demonstrating the detainee’s good moral character.
- Flight risk: Whether the detainee has failed to appear at immigration hearings in the past.
- Criminal history: Any criminal records in the U.S. or abroad.
In recent cases handled by our office, we presented comprehensive evidence, such as the individual’s approved I-130 petition, a financial affidavit from a lawful permanent resident willing to support them, and character references, to show that the client was not a flight risk and deserved a low bond.
How We Can Help
At Francis Law Center, located in Illinois and Wisconsin, we understand the anxiety and urgency that comes with immigration detention. Our experienced attorneys are not only local experts but also handle bond hearing cases nationwide. No matter where you or your loved one are detained in the U.S., we can help gather the necessary evidence, prepare legal motions, and represent you in bond hearings to secure their release.
Additionally, we know that language can be a barrier to effective communication in legal cases, which is why our team includes Spanish-speaking members to ensure clear and accurate communication for Spanish-speaking clients.
If you or a loved one are in immigration detention, contact us today for immediate assistance. We’ll fight to get you the bond you deserve and support you every step of the way as you navigate the complexities of the immigration system, regardless of your location.
