You can post an immigration bond to secure a loved one or acquaintance’s release from custody if they face arrest and incarceration in Charlotte due to an immigration issue. Foreign nationals who break immigration laws face arrest and detention by ICE, a federal agency. While their case is being resolved, detainees who post bail can resume their everyday lives. Unfortunately, immigration bonds are sometimes set high and can be out of reach for you and your family. However, if you want to secure their release from custody, you could benefit from working with an immigration bond company. At Brennan Immigration Bonds, our immigration bond agents are licensed to write immigration bonds and will assist you from start to finish. We will work closely with your family to ensure the detainee’s release before precious time is wasted.
Reasons Why ICE Can Arrest and Detain You
The U.S. Department of Immigration prepares documentation for immigrants who want to enter the country for various reasons, like travel, employment, or permanent residence. Thousands of applications to enter the country are sent annually to the agency. Immigration officials ensure that the immigrants know what is expected of them throughout their stay in the U.S. before granting their request. For example, immigrants must ensure that their papers are legitimate, not breaking local, state, or federal laws.
ICE deploys its agents to arrest and jail immigrants who fail to meet their end of the bargain, like by committing a crime. The immigrant goes through the immigration court process to have their case heard and decided. Depending on the nature of the violation, the immigration court proceedings can take weeks, months, or years before the judge renders the final decision, which can involve deportation or a second chance to continue living in the U.S. The immigrant could be in ICE detention during that time, with or without communication with their loved ones. Typically, it is a time of melancholy, fear, anxiety, and stress.
There are several reasons why an immigrant could face immigration detention in the U.S. today. The most frequent causes are:
- They face criminal prosecution.
- They skipped an immigration hearing.
- The Immigration Department has a late or pending order to deport them from the United States.
- They applied for asylum or refugee status without a valid visa at a U.S. border.
After ICE agents make an arrest, immigrants undergo a booking procedure before being held at one of the detention facilities nearby. They could wait in custody until their immigration issue is resolved, or a family member, or friend, can post an immigration bond to obtain their release.
How to Pay an Immigration Bond
If detainees want freedom pending their case proceedings, ICE permits them to pay a bond, if qualified, to ensure their court appearances. Keep in mind that a matter involving immigration can take many months and sometimes years to resolve. The detainee can avoid spending that time in detention by posting a bond. For this reason, you have two alternatives for obtaining release while awaiting court. Here are your choices:
This is your first for having an immigrant released from ICE custody. You can make payment immediately after the Department of Homeland Services sets their bail. You can pay the entire sum in cash, cashier's check, money order, US currency, or bonds. A cash bond is the simplest to make if you have the entire amount. Regardless of the outcome of the immigrant’s case, DHS will reimburse the entire amount to you.
However, a cash bond has difficulties, particularly if you do not have the total amount in cash. You will have to solicit donations from other friends and family members. That could take some time and postpone the release of your loved one from ICE custody.
A surety bond is your next choice. It is an option for families that lack the resources to make a monetary bond. To make sure that families like this do not lose out on the chance to secure release from ICE detention, immigration bond agencies offer options to pay, as well as assistance throughout the case. You can post a surety bond for DHS to process the immediate release of your family member or friend by working with a reputable bond agency.
Immigration bond agencies often charge between 15% and 20% of the full bond amount for surety bonds. That is the premium you would pay in exchange for the services. This money is not refundable because it also serves as the payment for the service.
Once you make the payment, the immigration bond agentwill begin the bond process. Several businesses offer payment flexibility if the payment amount is too high for you to afford.
Obtaining an Immigration Bond
It is consoling to hear that your friend or family can be released on bond following an ICE arrest. That would make it unnecessary for them to remain in custody until the resolution of their matter. However, qualifying detainees are granted bond by immigration courts. Before asking the judge to release an immigrant on bond, you must prove their eligibility.
It is significant to remember that not all people detained by ICE qualify for immigration bonds. For example, the judge cannot release the detainee on bond if they previously lost an immigration case. Additionally, people detained by ICE agents at the border are typically not eligible for bond. But in the majority of immigration situations, bond is an option. After their detention, you can secure the detainee’s release.
Judges evaluate several issues when assessing whether an immigrant qualifies for bail. The nature of the immigration case comes first on the list of these considerations. For example, if the immigrant has a criminal history, the judge will consider that history while determining whether to grant bond. A bond is not available for someone suspected of committing significant offenses, like participation in terrorist activities. You can qualify if you have previously been convicted of certain crimes but have never been detained by ICE.
Bond is available for immigrants accused of minor immigration offenses. For example, an undocumented alien could qualify for a bond if their actions do not warrant immediate detention.
How to Make an Immigration Bond Request
An immigrant will receive documentation, either with or without a bond amount, once ICE authorities have placed them in their custody facility. Keep in mind that only some qualify for a bond. As a result, some immigrants are not given any bond and must wait in detention while their case is decided, or at least until they go before the immigration judge.
The immigrant can request a bond hearing with the judge to request bond release if the paperwork does not include a bond amount. If ICE has placed their bond amount high, they can also request a bond hearing. The family could quickly process their release if the judge reduces the bond requirement.
Make sure the detainee requests a bond hearing immediately after detention. That would reduce the amount of time they spend in ICE detention. They can also return to their lives, families, jobs, or studies immediately.
An immigrant is required to submit a Notice of Custody Determination form to an immigration court to request a bond hearing. They can send an official letter to an immigration court judge requesting a hearing if the document is not readily available. They must request a hearing and provide their name, address, and A-number in the letter. The government assigns immigrants an A-number once they establish an A-file.
Judges in immigration courts typically schedule bond hearings a few days to a few weeks after receiving a hearing request. You can inform the judge if you require additional time to collect evidence or prepare for the hearing. You could also advise the judge that you still need additional information or papers and that you would prefer to reschedule your hearing.
A bond hearing is not handled in the same manner as an immigration hearing. The court will decide about your release on bond pending your immigration case during a bond hearing. Your case is decided during an immigration hearing, a judicial procedure. However, the same judge presides over both proceedings.
Preparing for Immigration Hearing
An immigration bond hearing requires careful preparation from the detainee. They risk future confinement if they do not adequately plan. Having all the appropriate paperwork to support their eligibility for a bond is an essential part of preparing for the hearing. For example, they require a letter from a sponsor outlining their relationship with the sponsor and their character in general. Additionally, they will require documentation of their immigration status. You can write your loved one a sponsor letter if you are a citizen of the United States or have legal permanent residency. It facilitates bond repayment.
Include your residential address, where the detainee will reside after release from custody, in the letter. To make it simpler for ICE to trace you and the immigrant, mention your address. Include any further information that demonstrates the detainee has significant ties to the community and how you will support them after their release.
The detainee will also need to assemble several support documents to show their strong links to the community and why they deserve a release on bond, in addition to the letter. They could submit information about their jobs to demonstrate that they are diligent individuals who will not conduct any crimes while on bail. Examples of documents they could submit are:
- Tax records.
- Evidence that their immediate family members are legal immigrants.
- A certification demonstrating their eligibility for protection from deportation.
- Family photographs.
- Certificates from previous recovery programs they have completed.
- A letter confirming their religious commitment.
- A letter demonstrating a commitment to the community.
- Letters of encouragement from relatives, friends, and acquaintances.
- A letter expressing the individual's desire to continue being listed in the U.S. Social Security records.
- A marriage license.
- Their medical history or that of close relatives.
- Education certificates.
The people who write the detainee letters of support must show proof of identity.
At the very least, each document you bring to the hearing should be in three copies. Offer a Certificate of Translation if they have documents that are not in English and are written in another language.
Immigration Bonds Available to ICE Detainees include the Following:
Depending on the underlying circumstances and preferences of your loved one, you will have three choices if the judge confirms their request for an immigration bond. Understanding all options will enable you to choose the best fit for their circumstances. During the bond hearing, you can discuss the detainee’s options with the court. But they must attend all court hearings before the judge decides on their case. You have the following choices for paying an immigration bond for a loved one:
Delivery and bail bonds used in criminal situations are comparable. You pay a delivery bond in exchange for the detainee’s release from custody and a promise that they will appear in court. Obtaining a delivery bond is relatively simple. ICE will release your loved one once you have paid DHS in full. No matter how their case turns out, you will receive your money back in full when it is all over. ICE will reimburse the full bond payment even if the person loses the case and is facing deportation. It can take several months to receive a refund of these funds. When using an immigration bond agency, you will receive a refund within 15 days of cancelation of bond.
Voluntary Departure Bond
If your loved one decides they no longer want to live in the U.S., they can agree to depart independently immediately after their release from ICE custody. They will be given a deadline by the judge, after which they must leave the country at their own cost. You will have to make a voluntary departure bond in this situation. Once the immigrant leaves the country, you will receive a refund of the money you paid.
Order of Supervision Bond
If your loved one wants to stay in the country after their release from detention and continue to work and live here, you could pay this bail. The immigration court judge will issue them tight guidelines, which they must follow for the bail period. ICE agents have the right to rearrest them if they violate the set conditions.
Each detainee has a different immigration bond amount that they must pay. The following are some of the criteria used by ICE to set immigration bonds:
- The offender's criminal record.
- Their place of employment.
- Individual nationality and status of residence.
- Family history.
Finding Help With Immigration Bonds
Immigration bonds are frequently costly and can be out of your price range. You could ask an immigration bond agent for assistance if you wish to assist your loved one in obtaining release from an ICE detention facility. Bond agents are typically willing to help immigrants who lack the financial means to secure their release by posting an immigration bond.
Select a trustworthy bond dealer ready to accompany you on this difficult journey. When you ask them for assistance, they must be ready to assist you in securing the detainee’s release from custody immediately. Remember that even a brief delay will prolong the detainee's imprisonment. A bond agency who is reasonably priced will provide their services at a cost you can readily afford. You will collaborate closely, in a confidential manner, with such an agency to protect the privacy of your loved one.
Mecklenburg County Courthouse
Mecklenburg County Sheriff's Office
Find Affordable Immigration Bonds Near Me
Your loved one's life in America could end if immigration authorities detain them in Charlotte. However, individuals can prepare for trial by hiring the best immigration lawyer and gathering enough proof to win their case fairly. If they are released on an immigration bond pending trial, that would be simpler. You could need the assistance of a reputable immigration bond agent if the detainee’s bond is high. For ICE detainees who cannot afford their bond, or who prefer to have an agent assist them with the difficult process of posting bond, Brennan Immigration Bonds provides reasonable and prompt service. To learn more about what we do, call us at 888-668-1588.