Can I Pay a Bond to Get a Relative Out of Immigration Detention?

For someone living in the United States with lawful status, it can be a shock to get a phone call from a relative who attempted to cross the border into the U.S. without documents or did so long ago—and who got caught, by U.S. immigration authorities. The first question they are likely to ask is whether you would be willing and able to pay a bail bond, so as to bring about a release from jail. At that point, you might be wondering whether it's wise to post a bail or bond for the person; and if so, whether you will be able to get the money back someday.

Where Will the Illegal Immigrant Be Detained?

Initially, the foreign national is likely to be detained in a jail or other holding facility that's close to wherever ICE picked them up. After that, however, they could be transferred to other facilities, possibly many times over, and not always after receiving advance warning. That's despite rules and policies that say ICE should not transfer people who have immediate local family or an attorney of record, who are awaiting local removal or bond hearings, or who are already out on bond. (See ICE Policy 11022.1: Detainee Transfers § 5.3 (January 4, 2012).)

Which Immigrant Detainees Are Eligible for Bond?

Many non-citizens in immigration detention are eligible for an immigration or ICE bond—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 and other dates with U.S. immigration authorities. If they do so, the money will eventually be returned.

Not everyone is eligible, though. Some non-citizens are subject to mandatory detention and thus cannot get out on bond. This mostly includes people with criminal records.

How High Will the Bond Amount Be?

An initial bond amount will be set by the Department of Homeland Security, Immigration and Customs Enforcement (ICE) District Director. The minimum is $1,500. (See 8 U.S. Code § 1226.) There is no upper limit on the bond amount. The reported average is just under $5,000.

How high the bond amount is set at will depend on various factors in your relative's case. ICE will consider, for example, the length of time your relative has lived in the United States, 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, read Immigration 101: Information for Detainee's Family and Friends.

What Conditions Come With an Immigration Bond?

Paying bond money is not the only condition that ICE might place upon a detained foreign national before releasing them. Your relative might also be required, for example, to wear an ankle shackle containing a global positioning system (GPS) monitoring device and to report in regularly, either in person or by telephone. (See GAO Report to Congressional Committees, Alternatives to Detention: Improved Data Collection and Analyses Needed to Better Assess Program Effectiveness, GAO-15-26, at 9 (November 2014).)

Is There Any Way to Appeal a High Bond Amount?

After ICE sets the initial bond amount, your relative can request that an Immigration Judge (IJ) lower the amount. Such a request can be made in writing or orally (in person or, if the judge allows it, by phone). Some IJs will conduct a bond hearing at the same time and date as the initial Master Calendar hearing.

It is normally best, however, to file what's 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 state the factors warranting a bond decrease.

It's also appropriate for family member to submit evidence in support of the detainee's request, such as proof of legally present family ties or steady employment, even without authorization. (For information on how to file motions with the immigration court, see the EOIR Practice Manual.)

Types of factors that the judge will consider regarding bond amount and release include the detainee's:

• lack of prior criminal history or immigration violations
• family members in the United States with lawful immigration status, with whom they would live if released
• community ties, such as religious activities or volunteer work
• length of time in the United States
• possible qualification for immigration relief
• financial ability to pay a bond, and
• other humanitarian considerations, such as the being the primary caregiver for young children or people with health issues and their own medical or mental health conditions.

The judge will then make a final bond determination. This amount cannot change unless the circumstances related to the noncitizen's detention change. For instance, if one factor the IJ used to make the bond determination was a pending criminal matter that has since been resolved favorably to the detained family member, you can ask that the bond be lowered based on the changed circumstance.

Who Is Allowed to Pay Someone's Immigration Bond?

Once the IJ has made a final bond determination, the bond can be paid by any person who is in the United States lawfully—a friend, relative or anyone else. That payment should be made at the local ICE office.

Take proof of your legal status, your original Social Security card, and a photo identification document to the ICE office. Also be certain to have the name, date of birth, and alien registration number (A#) for the person detained. The bond cannot be paid by cash or personal check, but only cashier's check payable to Department of Homeland Security.

How Can I Get My Bond Money Back?

In order to get the bond back, you must hold onto the original document that you signed at the local ICE office when you paid the bond. In addition, your detained family member must have complied with the immigration judge's order. This is the case whether your detained family member is ordered removed or receives a grant of relief. Be sure your relative understands that your money is on the line. If the foreign national misses a hearing, for example, or tries to flee the proceedings, you will forfeit the entire sum. Also see Paid an Immigration Bond? How to Get Money Back.

Getting Legal Help

As you can see, dealing with detention, bond, and removal proceedings gets complicated fast. It's absolutely worth consulting an experienced immigration attorney for help analyzing your case, and possibly representing you in court. That would mean strategizing any possible remedies and preparing written legal briefs and arguments to present to U.S. immigration authorities.