The Department of Homeland Security (DHS) and
Immigration Customs Enforcement (ICE)
The process for an immigration bond begins with the arrest of a suspected illegal alien by the Department of Homeland Security (DHS) Immigration Customs Enforcement (ICE). The suspect is then taken to a federal law enforcement station for processing and booking.
This can also happen by way of a suspect being taken into custody by local law enforcement, and a "hold" being placed on them by DHS for violation of US Code 1325. This then requires the detainee to finish attending court and whatever sentence is imposed for the criminal violation for why they were taken into custody. After their court appearances and serving their sentence is complete, they will be released and transferred to the custody of Immigrations Customs Enforcement (ICE). In many places, local county jails and police departments have contracts with the Department of Homeland Security (DHS) to hold detainees for them. So the detainee, stays at the same facility, but is officially in the custody of Immigrations Customs Enforcement (ICE).
The next step is the immigration bond amount is set by an immigration judge or via custody determination after an interview with the alien by a Deportation Officer. The amount of the immigration bond is determined by the Department of Homeland Security—there is no standard amount – and is based upon several factors. An outside 3d party (an Indemnitor) must pay and guarantee the immigration bond. This is also referred to as "posting" or "putting up" the immigration bond. If the outside 3rd party cannot pay the full amount of the bond, they may decide to make arrangements with an immigration bonding agency. This is where we help you get the immigration bond purchased and deposited in order to get the detainee out of custody.
An immigration bond is technically a "surety bond" and is a three-party contract between the Department of Homeland Security, the Obligor (Surety) and co-obligor (Agent), and the Principal (also called detainee, defendant, respondant or alien). It is the Surety/ Agent who guarantees to the Department of Homeland Security that the alien--when released on bond--will be present for each and every Notice to Appear (NTA) in the future. And, in turn, the Indemnitor (or co-signer) guarantees to the Surety (the Bondsman) that they will make sure the alien appears when required. For this service, the Indemnitor is charged a bond fee or premium. We charge a one-time percentage of the full bond amount, with no annual premium percentage fees thereafter. Some companies charge an annual premium percentage of the set bond with a two-year minimum, which will result in a higher cost in the long run.
The indemnitor or co-signer of the contract (usually a family member or friend of the detainee) guarantees to pay the full amount of the bond if the alien fails to make scheduled appearances. If the defendant fails to appear as directed, the indemnitor is responsible for paying the full amount of the bail. If the defendant is located and arrested by the immigration bail agent the indemnitor is responsible for all expenses incurred by the immigration bondsman while looking for the defendant.
To arrange for an immigration bond, collateral is needed, such as equity in a home. We are experts in using creative forms of collateral, including using credit cards. Call us now at (800) 493-7688 for a complete description and explanation of collateral. During our initial phone consultation, one of our multilingual bond specialists will gather basic information about your situation in order to begin the approval process. It would be helpful to have our Immigration Bond Checklist of suggested information available when you speak to our Specialist. If you don't have this information, our specialist will do the background research for you.
For California cases, the Bondsman must have a special license called a Fire and Casualty license in the State of California to transact immigration bond business. We are fully licensed to arrange immigration bonds in California. Once the proper documents are prepared, we will process the paperwork immediately by fax or email, or if necessary dispatch a licensed bail agent to you to complete the process.
Finally, the licensed bondsman will deposit or "post" the immigration bond at the appropriate Enforcement and Removal Operations (ERO) office which will result in the release of the detained alien. From start to finish, the entire process can be completed within hours and the person is released from detention the same day! Call us at (800) 493-7688 to get your questions answered and your loved one, friend or employee out of jail
Note: It is very important the indemnitor feels confident the defendant will appear in all of his/her court appearances otherwise it is not recommended they get involved with an immigration bond for the detainee.