When you receive the dreaded phone call that Immigration and Customs Enforcement (ICE) in Montana has arrested your loved one, the situation could seem desperate and confusing. However difficult the situation may be, we will help you along the way. Several statutes in the State of Montana guide your loved one's incarceration and processing. Several laws exist, not just for the ICE agents but also for the police and the accused. Firstly, undocumented immigrants have a right under Montana laws to post bail and secure their freedom. This means that the detainee, or friends and family of the detainee, can post a bond, if granted, to secure release from custody. Immigrants have clear rights, like the Fifth Amendment right that protects their liberty and life. If ICE arrests you or your loved one, Brennan Immigration Bonds are always ready to bond for your release from custody. Our services are available on a 24/7 basis to ensure that we are there for you whenever you need us.
Montana Immigration Bonds
Montana Immigration bonds work a bit differently than the criminal bail bond system that is more widely known. When a person is arrested for a crime, they are arrested and held in custody within the county of the alleged crime. These defendants must be proven guilty by a judge or jury, and will serve a sentence set by the court. There are several reasons to be detained in ICE custody. If you or a loved one has crossed the border illegally, but have never committed a crime or resided in the United States, a judge will usually determine if a bond will be granted or the person will be deported back to their country. If an immigrant has been living and working in the US for many years and is detained by ICE, the judge will use varying factors to determine if a bond will be granted. The judge will want to know when initial entry to the US occurred, what kind of work does the alien do, what family ties does he/she have in the states and why legal status has not been obtained. Most times, a bond is granted to allow the immigrant to live and work while the immigration case is ongoing. The ultimate goal is for the immigrant to become a permanent resident. At this time, the case will be closed. The same procedure is followed if an alien has simply allowed their legal status to expire. Posting an immigration bond permits these detainees to have their freedom while working to resolve their cases. Some examples of why a person may not be granted a bond are if the person has a criminal history involving violent crimes or of moral turpitude, if a person has previously been detained for living in the Unites States illegally and did nor gain legal status or was deported. If a judge denies bond, the detainee will be given an explanation for denial. When a bond is posted, it guarantees to the immigration court, that the alien will honor all the relevant hearings or meetings that he/she will need to attend. If a person fails to appear for any of the scheduled hearings, the entire amount of the bond is immediately due to the court. If the accused honors the court-set hearings, then the bond collateral is returned.
The Montana Immigration Bonds Process
The bond process in Montana starts with an arrest of an unlawful alien. Homeland Security Immigration Custom Enforcement is responsible for arresting illegal aliens in Montana. The accused is taken for processing and booking at a federal law enforcement station. Therefore, the immigration bond is posted to the federal government. This is the main difference between immigration bonds and common bail bonds.
The Department of Homeland Security will determine the immigration bond amount. There is no standard amount. The indemnitor or an outside party must pay the immigration bond. (Also referred to as posting). The indemnitor may work with an immigration bond company to post the bond. The benefits are that the bond company will return your collateral immediately upon receiving cancellation of bond from the immigration court, the detainee and friends or family have 24/7 guidance while a case is ongoing, and are able to use collateral when posting a bond, instead of having the entire amount in cash.
Brennan Immigration Bonds will detail the payment options and types of collateral accepted. When an arrangement is made between indemnitor and bondsman, the immigration bond will be posted immediately through the ebonds system.
Being Detained In Montana
When ICE makes arrests in Montana, the alien is put in custody. If you are you are present during the arrest of another, you must stay calm and avoid conflict. You should:
- Make sure that you reassure the person being detained that there is a process and you will make sure to get a bond posted if one is granted by immigration.
- Insist that the person call a friend or family member with his/her Alien number as soon as possible, as it is required to obtain any information or post a bond.
- Ask politely where the person will be taken
The Assistance An Immigration Bondsman Offers To An Alien Or Loved Ones
Technically, an immigration bond is a contract constituting Homeland Security, the alien (respondent), the obligor (surety), and the cosigner (agent). The agent or surety guarantees Homeland Security that the accused will honor each Notice to Appear (NTA) when needed in the future. On the other hand, the cosigner or indemnitor assures the bondsman that he/she will ensure that the accused is available any time when called upon. The indemnitor is required to pay a 15% premium or a bond fee for this service.
Immigration bond companies charge a fixed fee depending on the whole bond amount. The contract cosigner, usually a friend or a family member of the accused, guarantees to pay the entire bond amount if the accused fails to honor the scheduled court hearings.
When organizing an immigration bond, collateral is required. Common types of collateral include real estate with sufficient equity, cash and credit. Brennan Immigration Bonds offers some options for collateral, including payment plans for those who qualify. During your first phone consultation, one of Brennan Immigration Bonds bond specialists will collect basic information regarding your case to commence the process of immigration bond approval. The specialist will patiently answer all of your questions and ensure that there is a clear understanding before moving forward. Once the proper documents are completed, the immigration bondsman will proceed. All documents can be signed electronically and funds can be sent via Zelle, Western Union, Bank wire or credit card. There is no need to leave the comfort of your home when dealing with our office. The only exception would be when using a home as collateral. The mortgage document must have original signatures and a notary seal. We make the process very easy and fast, and have a notary available to sign. You will only need to plan on spending 10 minutes or less in our office.
The immigration bondsman will post the bond electronically, so there is no time spent trying to post at an immigration facility, and the accused will be released that same evening or early the next morning. The process can take a few hours, from the beginning to the end.
Types Of Montana Immigration Bonds
An immigration bond is used to secure the freedom of an alien arrested and detained by ICE for any immigration issues in Montana. Also referred to as ICE Form I-352, an immigration bond guarantees that the alien or the accused released from ICE jail will stay in Montana and attend all the scheduled court hearings. If the detained will not be residing in Montana, he/she will need only to provide the correct address so the case can be transferred to that location. There are two most common types of immigration bonds. They include:
- Voluntary Immigration departure bonds
- Delivery immigration bonds
Voluntary Immigration Departure Bonds
If ICE puts you in custody and you voluntarily accept to leave the US within a designated time frame at your own expense, the immigrant judge will award you a voluntary departure bond. This will prevent your removal from the United States by force. With this bond in place, no removal proceedings will be initiated. Once you have left the state, the immigration bond will be refunded. However, if you do not leave the state within the designated period, the state will forfeit the bond amount, and you will be put in custody.
Delivery Immigration Bonds
If you are a non-citizen in Montana and ICE arrests you and puts you in custody, you can request to be freed on a delivery immigration bond. The court will set a bond amount after considering the severity of the offense. Once you post the bond, ICE will release you, expecting that you honor all court-set hearings. However, if, for any reason, you fail to observe the scheduled court hearings, ICE will put you into custody, and your bond will be forfeited.
Another option exists; you can seek the services of an experienced immigration attorney to sort out the issue. The advantage of consulting an immigration attorney outside ICE's detaining facility is that the case could be discussed freely and conveniently without holding anything back from prying ears. However, a delivery bond needs a custody condition notice. In addition, the judge will look for specific requirements before approving the bond.
The Cost Of Montana Immigration Bonds
Under Montana law, the minimum cost of an immigration bond is $1,500. However, an immigration judge or the ICE sets the actual immigration bond cost. The final price of an immigration bond depends on factors like employment status, whether the alien is a flight risk, criminal record, and if the alien has a family living in Montana.
Immigration bonds could cost as high as $25,000 for high-risk aliens. If the alien attends all the relevant court hearings, the government must return the bond in full, irrespective of the size of the bond. It takes a maximum of one year for the bond to be refunded. Brennan Immigration Bonds returns collateral within 10 days of receiving a cancellation of bond notice.
The Proceedings Of Removing An Alien From Montana
You are an alien if you live in Montana and are a non-citizen. As an alien, you can be in Montana illegally or legally. For example, you could have entered Montana without the admission of an inspector at a port-of-entry. You could also have entered Montana legally through the visa waiver program or by presenting a visa but failed to leave according to the date designated on your form I-94. If you fail in any of the mentioned categories, you illegally reside in Montana. Therefore, you qualify to be arrested and brought to a removal proceeding where an immigration judge ascertains if you will be expelled from Montana.
The Immigration and Customs Enforcement officers are responsible for arresting illegal aliens in Montana. ICE forms the Department of Homeland Security (DHS), responsible for enforcing specific immigration statutes like the ones that subject an alien to removal from Montana. Removal proceedings are civil, not criminal. This means the alleged violation of the immigration statute that makes you be placed in a removal proceeding is not an offense.
ICE will release the alien from jail once the bond is posted. However, that marks the beginning of the alien's removal proceedings, or the process of obtaining permanent residency. During the alien's release, ICE will demand an address that it can use to contact the alien. Therefore, it is essential that the alien updates and provides the correct address. In addition, the government will use the address to send notices like those regarding immigration court hearings.
The First Immigration Court Hearing
This first hearing is also referred to as a master calendar hearing. During the first hearing, the immigration judge reads the government’s accusations of violating immigration statutes that made the alien subject to removal. If the alien does not understand English, an interpreter will be provided.
An alien has the right to deny or admit the accusations. If he/she accepts the allegations and fails to seek some form of reprieve, the immigration judge will immediately enter an order of removal. If the alien either petitions for some form of reprieve or denies the accusation, the immigration judge will schedule the case for a hearing based on the merits.
The Right To Representation
An alien has the right to seek the services of an attorney to represent them during a court proceeding but at the alien's expense. If the alien cannot afford an attorney, there is no provision under Montana law that the government provides an attorney for offenders in immigration court proceedings. It only happens in criminal court proceedings. If an alien has an attorney, the government will send all the hearing notices to them. An alien can also track their case through the EOIR hotline.
If The Immigration Judge Rules In Favor Of The Alien
If the immigration judge rules in favor of the alien, the government will have to cancel the immigration bond. The individual who paid the bond indirectly through a surety agent or with ICE will have the right to refund their security. If the immigration judge awards the alien some reprieve from removal, the authorities will be required to cancel the bond.
If The Immigration Judge Rules In Favor Of The Government
If the immigration judge enters an order of removal, the authorities in Montana would later seek to implement the order by making a surrender demand (Form I-340) to the company or individual with whom it has an immigration bond contract. The demand will highlight the place, date, and time for the alien to surrender into ICE custody. Montana authorities will cancel the immigration bond if the alien adheres to the request.
However, if the alien ignores the demand, the authorities will declare the breach of the bond and commence an administrative process to collect the penal amount of the bond. The penal amount will be from the company or the person with whom it has an immigration bond contract. If it is a surety agent, the agent will post the penal amount and execute on the security. If the alien’s relative used their estate as security, he/she could lose the estate in case the alien fails to surrender as demanded.
Choosing The Best Immigration Bonds Company In Montana
You should ensure that you choose the best company to post your immigration bonds in Montana. Here’s what you should look for:
- Proper licensing to post immigration bonds
- Consider the company’s experience in posting immigration bonds in the past
- Look into the company’s reviews from customers who have used its services in the past
- Ensure that the company’s immigration bonds agents are friendly and easy to interact with
- Ensure that the company charges reasonable prices
- Go for a local company that fully understands Montana Immigration Bonds
With more bond companies and loosened guidelines, posting an immigration bond is easier than it was in the past. However, it is essential to ensure that you choose a professional, reputable, and trustworthy company that delivers the results you expect. Choosing the wrong immigration company could jeopardize your release from custody or put any collateral at risk of being lost.
Find A Montana Immigration Bondsman Near Me
Life can surprise you with an arrest you did not expect, leading to unexpected repercussions. You will require a reliable bondsman during these challenging moments to assist you in securing your loved one's freedom from jail. At Brennan Immigration Bonds, we provide smooth and hassle-free Montana immigration bonds services. Contact us at 888-668-1588 and talk to one of our bondsmen.