Question

I have been living in the United States for ten years as a permanent resident. My nephew, a native of El Salvador, attempted to cross the border into the U.S. without documents and was caught by immigration authorities. He just phoned me and asked me to pay his bond so that he can get out of jail. Can I post a bail or bond for him? And if so, will I be able to get my money back someday?

Answer

Many noncitizens in immigration detention are eligible for immigration bond—that is, to put up a sum of money that they will receive back if they show up for all their court and other dates with U.S. immigration authorities.

(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.)

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.

How high it's set beyond that amount 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 Detainees's Family and Friends.

After ICE sets the initial bond amount, your relative can request that an Immigration Judge (IJ) lower or change the amount. Such a request can be made in writing or orally. Some IJs will conduct a bond hearing at the same time and date as the initial Master Calendar hearing. It is 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 simply state the factors warranting a bond decrease. For information on how to file motions with the immigration court, please see the EOIR practice manual.

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 favorable to the detained family member, you can ask that the bond be lowered based on the changed circumstance.

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 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 can not be paid by cash or personal check, but only cashier's check payable to Department of Homeland Security.

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