Being held in custody by the Department of Homeland Security could be extremely stressful, especially if you or your loved one does not have legal status in the United States. Naturally, detainees could begin to fret about the prospect of being removed, deported, and separated from their loved ones.

If a loved one or a friend is being held by ICE in Dallas, TX, you can seek help from Brennan Immigration Bonds. Our Dallas immigration bonds services could be just what you need to secure your freedom.

Understanding How Immigration Bonds Work

Bail bonds are a type of collateral given to ensure a court appearance in court. The bail bond is an agreement between the court and the defendant or their family members or friends. The amount of bail that each defendant must pay is determined by the judge based on factors such as their age and prior criminal record, the severity of their alleged crime, and whether they pose a flight risk.

Dallas Immigration Bonds can be helpful for those who have been detained due to their immigration status. To get out of custody, without being deported, these individuals may need to post a bond to avoid spending time in jail awaiting deportation hearings just to be returned to their home country.

When deciding whether to grant an immigration bail bond, as well as the amount of the bond, the immigration judge takes into account the detainee's background. Among the factors taken into account are, but are not limited to:

  • The detainee's criminal record.
  • Employment history.
  • If he or she has relatives based in the country.
  • Legal background.
  • His or her immigration status.
  • Previous immigration violations.

The Conditions For Posting Dallas Immigration Bonds

An ICE representative will investigate the detainee's criminal history. Although having a past criminal record doesn't necessarily exclude a person from obtaining an immigration bond, it may result in the bond amount being much higher.

The gravity of your criminal charges is also taken into account. Naturally, the defendant's ability to obtain Dallas immigration bonds could be impacted by more serious criminal charges. All of this is at the discretion of the judge.

Additionally, detainees should possess a permanent physical address. The address must be provided to ICE and DHS so that all notifications regarding the immigration case be mailed to a physical location. To ensure that ICE can be quickly contacted in case of emergency, any alterations to the physical address must be reported as soon as they occur.

Sometimes, immigration officers can check to see if the defendant's address is still legitimate. Detainees shouldn't be worried about these routine address checks provided they have satisfied all bond and court obligations.

Also, the inmate might not be qualified for a Dallas immigration bond if they were detained at any port of entry. An undocumented immigrant might not be qualified to get a Dallas immigration bond, if they are apprehended at a point of entry or while attempting to come into the country unlawfully.

Mandatory Detention

The person may not be able to post a bond in specific circumstances and may be held in mandatory detention. This happens if the offender has been found guilty of, or has confessed to committing, any one of the following offenses.

  • An offense of moral turpitude, except if the highest sentencing permissible is a year or shorter and the overall term you served is lower than 6 months OR you were below 18 at the time of the offense and it was over 5 years ago.
  • Several convictions with combined terms of at least five years behind bars.
  • A violation involving a restricted substance (any drug crime, including when the immigration officials have grounds to assume that you traffic drugs).
  • An offense that is related to prostitution.
  • Terrorist activities.
  • Cases of human trafficking.
  • Money laundering.

Types of Dallas Immigration Bonds

When the bond is established, it will undoubtedly be one of the following bonds:

Delivery Bond

This form of bond is contingent on the release of the alien/detainee. This is one of the most common types of bonds granted in immigration cases. The Delivery Bond facilitates the release of the defendant from ICE prison under the premise that the obligor or co-signer will be in charge of guaranteeing that the immigrant shows up for all court proceedings as described in any attendance notices till all the proceedings have been concluded.

The co-signers commitment remains in effect until a decision on the immigrant's case is made. The co-signer must see to it that the immigrant is returned to the Department of Homeland Security for deportation if the ruling calls for removal or deportation.

Voluntary Departure Bonds

This is another type of bond that is commonly used in immigration proceedings. The departure bond permits the accused's release under the condition that the defendant's co-signer would be in charge of making sure the accused leaves the country on or before the deadline indicated in the order permitting voluntary departure. The guarantor will be required to submit verifiable proof of departure within thirty days of the order's departure date.

Once the certified documentation is presented or the immigrant is physically admitted to the Department of Homeland Security (DHS) for deportation or detention, the co-signer's obligation would be terminated. If none of these requirements is met, the bond's stated amount would become payable and due.

The Immigration Bond Hearing

This is a formal process in which a defendant comes before a court and asks for discharge from detention while his or her immigration case is being investigated.

During the court hearing, an immigration judge (IJ) would review any information you present to demonstrate that you could be trusted to complete all proceedings if released.

What Does the Immigrant Need to Prove During an Immigration Hearing?

At the Dallas immigration bond hearing, the immigrant must provide proof indicating that she or he is eligible for a release on bond. The immigrant must gather and present evidence that will persuade the Immigration Judge that he or she is not a flight risk or a threat to the community. The immigrant must also demonstrate that he or she has compelling reasons to believe that he or she would not be deported.

When is an Immigrant a Flight Risk or a Threat to the Community?

If the immigrant is considered a threat to the public, he or she will be deported if:

  • Has been found guilty of an offense while in the United States.
  • Has previously been deported.

Alternately, the immigrant should provide proof that, even if he or she has previously been found guilty of a crime, it was not a terrorist act, a criminal offense involving moral turpitude, an aggravated felony, or an offense involving controlled substances.

An immigrant could be considered a flight risk if he or she has no links to the local community because:

  • The immigrant has no residence in the local community.
  • The foreigner has not paid taxes and has not participated in community activities.

Proof of links to the community demonstrates that the detained immigrant, if released from custody on bond, will regularly appear for all removal proceedings.

What Is the Best Way To Show Community Ties?

A detainee can show this by providing evidence of the following:

Family Ties

The immigrant must demonstrate that members of his or her immediate family are in the U.S. and that they have legal status to live in the United States. A sponsor or obligor is usually a family member of the immigrant.

The relative who would also serve as the sponsor should be a resident of the community and provide identification with their street address or documentation showing their residencies in the community, such as utility bills with their addresses and names.

The family member or sponsor's US citizenship could be proven by providing a copy of their marriage certificate, birth certificate, or a US passport.

Community Participation

The immigrant must demonstrate their membership in a community organization or church, their ownership of real estate or a local business, or the length of time they have been at their current residence. They would also be required to prove ownership of a home or vehicle, or that they are making mortgage payments on a vehicle and/or a home.

Employment History

The immigrant may provide his or her work history by submitting letters of recommendation, employment certificates, or curriculum vitae detailing the immigrant's previous job experience. The job experience should have been obtained while the immigrant had a valid work permit. If the person has received an employment offer from a company, this could also serve as acceptable documentation.

Rehabilitation or Education

If the immigrant completed vocational or educational programs while in custody, or if the immigrant completed a rehabilitation program, these should be presented as evidence that the person is no longer a threat to the public.

Record of Past Convictions

If the immigrant has ever been sentenced for a crime, they are required to declare all prior convictions by submitting copies of their court-issued rulings or certifications. A record of the alleged crime, the court's ruling or verdict, and the proper execution of any conviction imposed on the immigrant must all be included in the certification provided by the court.

This will demonstrate that the immigrant hasn't been found guilty of any offenses that disqualify them from posting a bond. This shows that, despite the convictions for crimes, an individual has turned their life around and become a law-abiding citizen and is no longer a threat to society.

The Cost of Dallas Immigration Bonds

There is no one-size-fits-all answer to how much Dallas Immigration Bonds may cost. It all depends on what your circumstances are and the type of bond you need. Immigration decisions are solely up to the immigration officer or judge. Certain aspects need to be taken into account before deciding whether a bond is necessary.

Are There Any Grounds For Appealing a High Bond Amount?

Once the initial bond is established by ICE, the detainee can appeal to the judge to lower it. You can make this request either orally or in writing. Sometimes the IJ can conduct the bond hearing and the preliminary Master Calendar hearing simultaneously. If the IJ lowers the bond amount, it will also change the date of your loved one’s hearing and/or release date.

However, if your loved one does not request that the Immigration Judge lower their bond amount and does not show up for a hearing or release date that was changed due to their bond amount, ICE can still lower their bond by using prosecutorial discretion. This could happen even if your loved one did not ask for an Immigration Judge to review their case.

It is usually best to file a Bond Redetermination motion which will allow your case to be dealt with separately at a later date. The material submitted should demonstrate why the bond should be lowered.

Your family members need to know that submitting material evidence that supports their request is appropriate. They can provide hard evidence of a familial connection or steady employment as a way to show their commitment to staying in the United States. Once the judge reviews your bail, she or he will make the final decision and decide on your release date.

The release amount can’t be changed except if the situation related to immigrant detention changes. As an example, if the IJ was debating on whether or not to release someone on their bond before their trial, they could base their decision on pending criminal cases that have already been settled favorably. In this instance, you could request for the bond amount to be lowered depending on the altered circumstances.

Who Can Post a Detainee's Immigration Bond?

The Immigration Judge will decide once the bond hearing is over. Payment can then be made to ICE by any individual who’s lawfully in the country — perhaps a relative, friend, or any other concerned party. Any payments need to be posted at your local Immigration and Customs Enforcement office.

When you do, bring your Social Security number card, and ID, as well as proof that you are legally authorized to be in the country. Be sure to have with you the person's name, birth date, and registration number.

Your Duties As An Immigration Bond Sponsor

To be releasedfrom ICE detention, a detainee needs a sponsor. Oftentimes, the immigration bond sponsor is a family member or acquaintance who consents to pay the bail on the inmate's behalf. Additionally, they promise that the defendant being discharged will abide by all the terms of their order of release. The detainee's sponsor should be a United States citizen or a registered permanent resident.

Complete The Paperwork And Compose A Sponsorship Letter

In addition to submitting a sponsorship letter, you must complete a form that is issued by ICE. Additionally, a sponsor should present a letter to the immigration judge during the court hearing that contains the information listed below:

  • His/her relationship or association with the detained person (how the detainee and their sponsor know each other).
  • The sponsor's immigration status (he/she be either a legal and permanent resident or a US citizen).
  • A home address of the location where the inmate and their sponsor will reside, as well as validation of that address (that is, the electric or phone bill).
  • How do they intend to help the prisoner after release?.
  • Any additional evidence of community connections.

Post The Bond

To put it another way, the bond sponsor is required to contribute the necessary funds to ensure the detainee's discharge. The bond amount is decided by the immigration judge or ICE authorities. Certain factors, such as immigrant status, family links to the nation, criminal background, and job condition, might cause the bond amount to increase or decrease.

Dallas immigration bonds can be paid using cash, a credit card, a money order, or a check at the discretion of the sponsor. A cashier's check payable to the DHS is a convenient method to track the payment at a later date if necessary. To secure the bond, you need to submit your tax identification number or social security card number.

Ensure Court Appearances

Any person who is freed from ICE detention on the bond must comply with all the terms of that release. The bond receiver should comply with all requirements set forth during their bond hearing. Removal actions are set up if the individual defaults and disobeys the court's directives. You run the risk of forfeiting your money as a result.

Getting Your Bond Money Back

To get your bond collateral back, you should keep the original paperwork that you filed when you posted the immigration bond. Additionally, the member of your family or friend who is in custody should have followed the immigration court's directives.

The same applies regardless of whether the detained individual is ultimately deported or afforded relief. Make sure your friend or loved one is aware that the money is at stake. You will lose the entire amount if, for instance, he/she skips a hearing or attempts to escape.

Find a Reputable Dallas Immigration Bonds Agency Near Me

When you need immigration bonds, Brennan Immigration Bonds is your go-to company. We are a reputable immigration bonds agency that provides fast and friendly services in Dallas, Texas. If you have any questions about our services or are interested in obtaining an estimate for your bond needs, contact us today at 888-668-1588.