When you or a loved one faces arrest for an immigration offense, you must find the ideal way to secure your release from custody. Being released in a timely manner is essential because it gives you time to prepare your case, build solid defenses, and to apply for legal immigration status. Among the most suitable ways to is by working with an immigration bonds service provider who understands the court processes. Their role in helping you through the process is essential, as they will be the primary contact person you can rely on during your release and throughout your case process.
At Brennan Immigration Bonds, you will work with some of the most experienced immigration bond service providers who are licensed specifically to post immigration bonds. We ensure personal and professional service, and aim always to provide expeditious services. We understand the challenges of immigration detention and will work hard to secure your liberty as soon as possible. If you are looking for an immigration bonds service provider in Austin, Texas, contact us for assistance.
The Nature of an Immigration Bond
Upon facing arrest for an immigration offense, you remain in detention until you can post the bond for release. Posting a bond means paying a specific amount to the immigration court as security for your release. Thus, the amount is the court’s collateral if you fail to attend subsequent court sessions.
Conversely, you can recover the bond amount after your case concludes, provided you comply with all court requirements, particularly attendance.
The Arrest and Detention Process
The bond payment begins with your arrest upon entering the country. Usually, the United States Immigration and Customs Enforcement (ICE) department authorizes any immigration-related arrest and detention.
Their primary role is to ensure that no unauthorized person enters the country, as it would violate the law. Additionally, even if you lawfully enter the country, they also ensure that you do not carry unlawful substances or intend to break the law while in the country.
Subsequently, you may face arrest for offenses like forging immigration documents to access the country. Alternatively, ICE may arrest and detain you for not having the necessary documents, indicating that your entry into the country was without authorization.
Additionally, they are authorized to arrest you if you have contraband on you, which would violate state or federal law. The department is also often on the lookout for immigrants looking to enter the United States to commit further crimes. For example, if you are suspected of money laundering, trafficking, or other federal offenses, you may also face arrest and detention.
What to Expect During the Booking Process
Upon detention in an ICE facility, they will need to record your booking information for reference and record keeping. You will be provided an Alien Identification Number upon being booked, which will be necessary when arranging a bond. Assigned officers will ask for various details about your identity, including:
Your Name and Country of Origin
Firstly, the officers will inquire about your name and country of origin to establish your citizenship. The information should also entail your age to confirm whether you are a valid citizen of the country you provide during the process. This way, the officers will have the details necessary to contact your home country if needed.
Your Reason for Traveling to the United States
Additionally, the ICE officers at the detention center can inquire further about why you intended to travel into the country. Through the information you provide, they can obtain additional clues on whether you genuinely intended to violate the law or if you are more likely to be innocent of the alleged charges.
Your Employment and Residential Information in the Country
The officers can also inquire about your employment status if you reveal professional reasons for traveling into the country. They may also follow up the question by asking for supporting documents that indicate your employment status for credibility.
Similarly, they will inquire about your stay preparations by checking whether you have a permanent address in the country. The information will also be necessary for the court’s reference later as they deliberate on whether to release you on bond.
Your Photograph and Biometrics
The officers will also obtain your photograph and fingerprints in a biometric system to ensure they capture accurate identity details. They do this to provide clarity during future reference to your records, especially if someone else shares your name, age, and country details. Thus, you can expect this process to last only a few minutes.
Appearance in Immigration Court
Once the detention officers compile all your details, they will present them to the available immigration court. Notably, most immigration courts are located inside significant airports for ease of service delivery. Therefore, depending on the backlog, you can expect a fast transition from the detention center to the court.
Upon appearing in court, the judge’s primary objective is to determine whether to allow your release on bail. They will assess the preliminary case facts surrounding your arrest and your charges. They also rely on the applicable immigration laws to guide them on whether your case calls for drastic steps.
Factors for the Judge to Consider in Granting Bond Orders
Apart from assessing your case facts, the presiding immigration judge also considers several factors before authorizing or denying your release on bond. These factors are linked to whether your release would be beneficial or detrimental to society and whether the discharge complies with immigration requirements. Some factors include:
Whether You Have a Valid Immigration Status
Firstly, the judge must establish that you have a valid immigration status, meaning that you are in the country lawfully. This assertion is important because it helps the court consider other factors as a secondary priority. Therefore, you will have a better chance to exit the detention center and find the best strategy to approach the arrest.
In making the consideration, the judge will request your travel documents, including your U.S. visa, for verification. If you have met all requirements and have followed the legal processes towards entering the country, the judge is more likely to allow your release on bond.
Your Employment Status in the Country
Additionally, you will need to prove this in court if you claim to be in the country to take a professional role. Therefore, you want to prepare your employment status documents and ensure they reflect your claims for credibility in court.
Since you will have come from the detention center, you may not have the documents readily accessible during the court session. Hence, you want to work closely with your Austin immigration bond agent or a trusted loved one to access and deliver the required documents to the court.
Whether You Have a Permanent Address in the State
Further, the judge is interested in whether you will be a resident in a permanent address location. Making the verification often needs to be more apparent whether you entered the country lawfully or not. Usually, immigrants relying on unlawful entry processes will rarely work out where they will stay in the country. Hence, they are less likely to have a permanent address available when the court inquires.
If you had planned for your visit and intended to abide by all laws and legal requirements, the judge may argue that you should be prepared to offer all travel arrangements as proof that you intended to have a lawful visit. This may include a hotel booking, car rental, correspondence with friends or family, etc. Such documents would be wise to present during court to show your credibility further.
Whether You Have a Criminal Record
As a previously convicted person, you are under more scrutiny everywhere, including when traveling into the country. Additionally, your criminal record may create unfavorable conditions for you in case of arrest unless you have mitigation statements to persuade the judge to be lenient.
Hence, if you have a criminal record for offenses committed in the United States or elsewhere, the judge will carefully consider whether to grant your release on bail. Often, they deny the release order because they may need more information about your character and whether you have reformed.
Nevertheless, if you can partner with a criminal defense attorney before the bail bond court arraignment, they can advise you on how to best request leniency in court. They can also represent you physically to promote the chances of a favorable outcome.
The Nature of Your Charge
Lastly, the presiding judge must consider the nature of your current immigration charge to establish whether your release on bond is ideal. Thus, the judge reads your charge sheet and may request clarification or additional information from the ICE officer in charge of your arrest in your case.
Depending on the information they receive, they can determine if your release poses any threats to general society members. Further, they will assess whether your release will result in additional violation of immigration laws, especially if you have allegedly entered the country unlawfully.
Factors that Can Prevent You From being Released on Bond
Once the judge considers all relevant factors during the immigration court proceedings, they can deny your release on bail. They issue an adverse decision if some negative aspects regarding your case stand out, making it easier for you to remain in detention. Some common reasons for the judge to deny your release on bond include the following:
If You Entered the Country Unlawfully
Accessing the country unlawfully means that you violated the law soon after entering. Consequently, the existing legal violation makes you ineligible for release, as the ICE department will need further investigations on your case.
Further, allowing your release after entering the country unlawfully would be a lenient move that may encourage a repeat in behavior in the future. Hence, the courts control this risk by denying your bond release unless emergency circumstances arise.
If You Have a Record of Ignoring Immigration Court orders
Moreover, the court is less lenient if you have a record of failing to observe immigration orders based on previous instances. Since the department of immigration keeps records of all previous cases that involve you, they can also track whether you were compliant with their orders in the past.
Please note that you do not necessarily have to have been detained or violated the law previously. Even minor orders from the department can provide a reference on whether you were compliant. For example, if you received directives to update the department on when you intend to leave the country but failed to, the information can form a basis for denied release in the current case.
Notably, if you received the previous immigration orders under suspected legal violation, the details will also influence the judge in the current case. Therefore, you can expect the judge to rule against you, meaning that you will await formal case processing and determination before your release.
If You Have Not Followed the Current Immigration Directives
Additionally, your behavior in the current immigration case can also inform the judge’s decision, so you want to do your best to comply with directives. For example, failing to appear for your immigration bond court hearing can affect your chances of securing your release.
Similarly, late compliance with court orders or failing to meet the immigration department's requests on time can reduce your chances of release. The judge is inclined to rule against you because your behavior can indicate your future likelihood of meeting the court’s expectations, especially with court attendance.
If You Have a Felony Record
A felony record is also disadvantageous when awaiting the court’s determination on your bond release order. Since a felony classification is for the most severe crimes in the penal code, the judge may be more apprehensive about granting your release as you await trial.
Their primary reason for the apprehension is that they cannot guarantee the safety of general members of society, especially if you are new to the country. Thus, the judge takes on their role as upholders of the constitution, which guarantees the safety and wellbeing of citizens.
Types of Bond Agreements Available for Your Release
Upon receiving a positive order for your release on bond, you need to understand the bond options available. The information will help you comply with the court’s directives, allowing you to return to your regular life sooner. Here are the two main types of bond agreements you may receive:
A Delivery Bond
Firstly, you may receive a delivery bond order, which works like a regular bond issued for other criminal detention processes. The directives of a delivery bond are that you will exit the ICE detention center, but only on condition that you attend all subsequent court proceedings.
Thus, you must appear for all court hearings and mentions or risk losing the bond payment to secure your liberty. To avoid this, you want to establish an elaborate reminder system that allows you to attend all court sessions.
A Voluntary Departure Bond
Alternatively, the court may order you to vacate the country to satisfy the bond requirements. If you receive the order, it falls under the voluntary departure bond category. The presiding immigration judge often makes these orders to parties who enter the country illegally. Thus, you become eligible to receive compensation for the initial bond you posted if you leave the country as the court dictates.
How Your Immigration Bonds Service Provider Helps
Based on the multiple immigration bond requirements you need to meet, having an Austin immigration bond agent to help you is necessary. They step in to undertake the following helpful roles:
- They process your bond payments.
- They handle the paperwork required for your release.
- They are the primary communication link between you and the court officials.
- They help you navigate and comply with immigration court orders.
Payments to Your Austin Immigration Bonds Agent
Since your Austin immigration bonds agent works to ensure you face a smooth transition from immigration detention, you will need to provide a payment of 15% of your bond amount. Doing so ensures the bail bond business continues to offer services to other detained persons in need.
The system ensures you pay a subsidized fee to regain your freedom and protect the immigration bonds company from unnecessary losses. Thus, you want to speak to your Austin immigration agent in advance to determine the best way to complete the transaction and promote reliable service delivery based on the agreement you reach.
Jail and court Information
The following jail and court information can help you find a loved one detained in Austin, Texas for immigration-related offenses.
T Don Hutto Residential Center
Travis County Juvenile Detention Center
Austin City Jail
U.S. Immigration and Customs Enforcement (ICE)
San Antonio Immigration Court
Contact an Immigrations Bonds Service Provider Near Me
Upon arrest and detention for an immigration-related offense, you will need assistance to ensure your release from detention as soon as possible. If you have little access to information on how the U.S. immigration bond system works, requesting assistance from a trusted bonds service provider is necessary. With their involvement, you can look forward to a smoother transaction and release process than working alone.
With Brennan Immigration Bonds, we dedicate ourselves to providing reliable bond services to anyone detained for suspected immigration offenses. Our role is to ensure you leave your detention center as soon as possible to help you move forward with your case. Our agents can assist, and you can request additional guidance throughout the process. Our services are available in Austin, Texas, and you can call us at 888-668-1588 for more information on immigration bonds.