A Brief Introduction About the Immigration Bond
An immigration bond is like an insurance contract. The loss covered here is a default by an alien living in the country. The contract is entered between the Department of Homeland Security and the insurance company.
ICE-I352 is another name for immigration bonds. ICE stands for Immigration and Customs Department, and they track down and detain people illegally staying in the United States.
To be eligible for a bond, a person cannot have a criminal history. The amount and immigration bond eligibility is determined by the ICE.
The requirements will depend on whether there is a flight risk involved, and the detainee will be present for all court hearing in the future. The threat posed by the detainee to the community is also considered. If the detainee has a higher chance of getting relief, the bond amount announced by the judge will be lower.
The friends or family of the detainee will have to help him or her in posting the bond. This bond is similar to bonds that have to be furnished in criminal cases. The friend or family member helping the detainee will have to be a U.S. citizen.
The two parties to the bond are the insurance company and the Department of Homeland Security. If there are any unpaid financial obligations of the detainee, the insurance company will reimburse the amount.
The immigration bond company helps the detainee’s family or friends when they are unable to post the entire bond amount. For their services, these companies charge a fee.
How to Pay Immigration Bond?
To pay the bond, you need to be a legal citizen of the United States. Bond payments cannot be made by cash or personal checks. You need to pay by certified cashier’s check. You will have to provide your valid I.D., social security card and set up an appointment with the local ICE office.
Who Takes the Immigration Bond? – People Involved
A bond is usually a contract between the insurance company or obligor who provides the surety and the obligee or the Department of Homeland security. The surety is provided on behalf of a third party in case of any losses due to the detainee’s inability to meet a financial obligation.
Purpose of the Immigration Bond – Why Do You Need It?
Some people are illegal migrants living in the United States. If an offense is committed by such people, they are located and detained in custody by the Immigration and Customs Enforcement or ICE. Just like for a criminal case, the person so detained will have to be released by their friends or family by executing a bond. Whether the detainee will be eligible for the bond and the amount of the bond is solely determined by the ICE. There are certain cases where the detainee has committed a serious criminal offense when the detainee will not be eligible for a bond.
The person so detained will have to appear for a bond hearing, where, depending on the offense, the judge may reduce the amount payable as bond. The detainee has to ensure that they don’t repeat the offense a second time, as this would mean they would not be eligible for a bond.
Contents of the Immigration Bond – Inclusions
An immigration bond refund is made when the detainee has been present for all court hearings and has abided by any deportation order.
Here are the contents of this bond:
- The name of the detainee
- Introduction: The background of the case detailing what has been the progress so far and whether the detainee can be released on a bond or not
- Statement of relevant facts and procedural history: The family information of the detainee and the grounds on which he or she should be released
- Jurisdictional statement
- Motion for detainee hearing
- Motion for custody redetermination
How to Draft the Immigration Bond?
Points to Consider While Preparing the Agreement
While drafting this, the following points need to be considered:
- The name and other details of the person detained
- The offense for which the person has been detained: Not all detainees are eligible for the bond
- The reasons that justify that the detainee is not a flight risk
- The State code under which the detainee is being tried
- The grounds for which the detainee should be granted a low bond
- The relevant facts of the case which either justify whether the detainee is a risk to society or not
- The punctuality of the detainee about all the court hearings
- The immigration status of the detainee
To become a certified immigration consultant, you need an immigration consultant bond.
Negotiation Strategy
In the case of this bond, the eligibility and the amount of bond will depend on the offense committed by the detainee. If the offense is not very serious, then the judge may grant a low bond and release the detainee.
Benefits & Drawbacks of the Immigration Bond
This bond does not signify that any person illegally residing in the United States would be detained or deported. Like any other bond relating to an offense committed by a person, there is an eligibility criterion and an amount. There are certain serious crimes committed by aliens in the United States who are not eligible for this bond. In this manner, the bond ensures justice.
The bond weighs the merits and demerits of each case. The background of the offender is taken into consideration and the appearance at the court hearings. If it is found that the detainee has a higher possibility of relief, the amount of bond granted by the court will be significantly lower.
What Happens In Case of Violation?
When an illegal alien commits an offense, then depending on the seriousness of the offense, the alien is placed in custody. To get out of custody, the friends or family of the offender has to post this bond.
The bond is granted in most cases except for serious offenses where the detainee is a danger to the community. If the detainee violates the terms and conditions of the bond(1), the ICE will take action against the detainee. However, considering that the detainee is a repeat offender, the detainee would not be granted a bond the second time.
This bond is granted to most people who are illegally staying in the USA if they commit an offense. The bond amount and eligibility depend on how serious the offense is. If the alien regularly attends the court hearings and the offense is not serious, then they are released on a bond.