BY |

Each year, thousands of individuals are arrested for crimes related to immigration. For example, in 2023 alone, the US Customs and Immigration Enforcement conducted 91 497 at-large arrests. However, many of those who have been arrested are able to obtain an immigration bail bond, securing their release ahead of trial.

At 24 Online Bail Bonds, we understand just how nerve-wracking this time period can be, whether you’re facing immigration charges yourself or supporting a friend or loved one during this time. That’s why we’ve put together a guide on all things immigration bail bonds so that you are able to determine your next best step. 

What is an Immigration Bail Bond?

In some cases, those who are detained for immigration offenses in the US may be deemed eligible for release on bail. 

This means that they will be released from custody until their court date, reducing the amount of time an individual spends behind bars. In regard to immigration cases, this additional time should be put toward seeking settlement or citizenship status. 

In order to secure their release, the individual in question must pay a specific amount of money to the Department of Homeland Security.  This acts as a guarantee that the detained individual will appear in court when required to do so and that they will follow all of the terms and conditions of their bail. 

When an individual cannot pay for bail independently, they can work to obtain a bail bond instead. In these instances, a bail bond agent will pay for the bond upfront, charging a small percentage fee to the detained individual. 

There are two kinds of Immigration Bail Bonds: Delivery bonds and Voluntary Departure Bonds.

Delivery Bond. 

A Delivery Bond is offered to the majority of individuals who have been detained for immigration offenses, though eligibility tends to be determined on a case-by-case basis. The bond amount is set by the judge presiding over the case, and once paid, the individual will be released from detention until their court date. If the individual in question breaches the terms and conditions of their bail or fails to appear in court, this money is forfeited, and they may face additional charges. 

Voluntary Departure Bond.

A voluntary departure bond is offered to those who have, as the name suggested, voluntarily agreed to leave the country by a specified date. Here, the bail bond itself acts as a guarantee that the individual will leave the US within the pre-agreed timeframe, after which their money will be returned. If the terms of their bail are breached, or they remain in the US past their pre-agreed departure date, the money is forfeited. 

Who is eligible for an immigration bond? 

According to a recent study, roughly 60% of individuals who are arrested in the US are given the opportunity post bail. However, eligibility for a bail bond is determined based on a variety of factors. 

In regards to Immigration bail bonds, the individuals perceived flight risk as perhaps the biggest contributing factor. Here, flight risk refers to the potential for the individual to skip bail (i.e., fail to appear at any mandatory court dates or hearings) in an attempt to evade charges. There are many different factors that could mean an individual is considered a flight risk. For example, previous immigration convictions and a lack of ties to the community could contribute to the judge’s final decisions.

The severity of the charges the individual is facing also plays a role in eligibility for bail, alongside any previous criminal history or convictions. It is important to note, however, that while the final decision is made by the judge overseeing the case or immigration officials, you may also be given the opportunity to appeal this decision. 

How much do immigration bail bonds cost?

The exact amount of money you will be expected to pay for an immigration bail bond can also vary depending on a variety of factors. Generally speaking, the bond amount is influenced by: 

  • The individual’s criminal history

  • The individual’s perceived flight risk 

  • The individual’s community ties

  • The amount of time the person has lived in the US

The minimum amount set for a traditional immigration bail bond is $1,500, though this can increase to upwards of $10,000 based on the criteria above. According to a recent study, the median amount of bond set by Immigration judges in 2023 was $7,000. 

Voluntary departure bonds are typically much cheaper than delivery bonds, starting at $500. 

However, putting together this amount of money upfront is out of the question for many detainees and their families, especially in the current climate. Fortunately, however, this does not mean that they have to remain in the detention center ahead of the court date. Instead, they can enlist the support of a bail bondsman agent.

How can an Immigration Bail Bond Agent Help? 

When a detained individual (or those supporting them) is unable to cover the cost of their bail bond independently, they can work alongside a bail bond agent to facilitate their release from custody. 

As mentioned previously, in these scenarios, once an agreement has been made, the bond agency is responsible for paying for the bail bond in its entirety. However, in order to receive support, you must pay a non-refundable percentage of the total bail amount to the bond agency, typically between 10% and 15%. This significantly lowers the financial burdens associated with posting bail, making it a viable option for many of those who would otherwise have to remain in custody. 

What is the process of obtaining an Immigration Bail Bond? 

Step One: Request a Bond Hearing.

Both the arrested individual or a lawyer working on their behalf can request a bond hearing in front of the judge presiding over the case or a detention center officer. 

Step Two: Attend the hearing. 

During the hearing, the judge will determine whether or not the individual in question is eligible for bail based on the factors outlined above. If bail is to be granted, the bail amount will also be set during this hearing.

Step Three: Find a Bond Agent.

Once you’ve been given the opportunity to post bail and the bail amount has been set, it's time to find a bail bond agent operating within your local area. Ideally, you should work with a bond agent who has demonstrable experience within the immigration sector. 

At 24 Online Bail Bonds, we have years of experience working with individuals facing immigration charges in California. This means that we have developed a deep understanding of the California court system and, as such, are on hand to answer any questions you may have about immigration bail bonds, putting your mind at ease during this troubling time. 

Step Four: Pay the Bond Amount. 

As mentioned above, the bail bond agent will charge a percentage fee of the total bail amount set by the judge, typically between 10-15%. This makes the entire process much more accessible, especially if you (or your loved one) is dealign with financial difficulties that would otherwise mean they are unable to make bail. 

At 24 Online Bail Bonds, we hope to make it as easy as possible for our clients to pay their bail bonds. After all, the sooner we receive this payment, the sooner we can take action to secure their release from custody. In order to facilitate this, we accept payment in a variety of formats, including: 

  • Visa

  • Mastercard

  • American Express

  • Venmo

  • Bitcoin

  • Coinbase & more.

Step Five: Release.

Once you have paid your bail bond, the bond agent will liaise with the relevant authorities to pay the remainder of your bond. Following this, you will then be released from custody until your first initial court date unless you breach any of the terms and conditions of your bail.

Being released prior to your court date gives you the best chances of success when it comes to defending your case and ensuring that you can continue to live in the US. There are many reasons for this. For example, it gives you additional time to liaise with lawyers and immigration professionals, increasing your chances of receiving the VISA you need. It also minimizes other interruptions to your life, such as a loss of income that would otherwise occur during the period of your detainment.

Final Thoughts.

Immigration Bail Bonds provide individuals who are facing detainment as a result of immigration charges with the chance to be released from custody ahead of their trial. However, as this can quickly get expensive, its important that those acting on behalf of the arrested individual reach out to a bail bond agent as soon as possible. 

Working alongside a trusted bond agent will lower the financial burden associated with posting bail while also facilitating a much speedier release, thus reducing the impact that getting arrested has on their life.

If you’d like to find out more, please do not hesitate to get in touch today.