Generally, in setting the amount of the bond that the detained alien must pay for their temporary release, the Immigration Judge should consider the detained alien’s financial ability to pay the bond.
If a detained alien fails to post a bond or fails to find a bondsman or surety company that can underwrite the bond, the alien arrested will remain in custody of the Immigration Court and remain in detention for the duration of the removal proceedings. The detention will last for as long as the duration of the removal proceedings, which may take as short as six months or as long as two years.
Are there alternatives to immigration detention and release on immigration bonds?
If the detained alien succeeds in presenting convincing evidence that the detained alien does not pose a danger to the public, is not a flight risk and is not a danger of becoming a public charge, the Immigration Court must explore other alternatives to detention that are available.
Requiring a bond for temporary release from immigration custody is supposed to deter further illegal immigration into the US. However, the US Court of Appeals for the Ninth Circuit has opened the possibility of detained aliens being released on their own recognizance.
No person in the US, whether a citizen or a non-citizen should be detained solely because of inability to pay the bond. Instead of posting a bond, the Immigration Court may require weekly Immigration check-in with the Department of Homeland Security.

How will my inability to post a bond affect my removal proceedings?
The bond hearing is a separate and distinct proceeding from the removal proceedings. The records of the bond hearing are different from the records of the main removal proceedings. A favorable result in the bond hearing and being allowed to post a bond does not in any way affect or influence the outcome of the removal proceedings.
Consequently, failure to post a bond after a decision of the Immigration Court, allowing the alien to post a bond will not affect the outcome of the removal proceedings. Some evidence presented at the bond hearing may be relevant or material to the removal proceedings and may be presented during the removal proceedings.
What are the disadvantages of not posting a bond?
If the detained alien’s family has hired a lawyer, the detained lawyer may experience difficulty in locating which detention center the alien is being held. If the alien is detained at an immigration detention center that is far from the immigration lawyer’s residence and or business address, the lawyer will use up valuable time and incur considerable expense to see the detained alien at the detention facility they are in.
If the detained alien or his relatives have not yet hired a lawyer, the detained alien will have difficulty finding a lawyer to represent them and difficulty obtaining the services of a lawyer. They will have difficulty coordinating and communicating with their lawyer when they remain in detention.
Any possible documents that they need as evidence will be difficult for them to procure. Witnesses will be difficult to contact.
More importantly, the detained alien will not be able to see or speak with their family or earn a living (if they had a job). The detained alien may even be dismissed from their employment as a result of their detention. They will not be able to explore and apply efficiently for other immigration relief that may be available to them.

Are there other alternatives to posting a bond to obtain release from immigration detention?
In case the detained alien has no funds with which to pay the bond or even post a surety bond by paying a small percentage of the bond, the detained alien may need to look for other remedies such as seeking the redetermination of the custody. A redetermination of the custody is a hearing where the alien questions the right of the ICE to detain them.
In the alternative, the detained alien may ask the Court to consider other options to release on bonds such as a release on their own recognizance or a release on the recognizance of their lawyer and/or release on the recognizance of the civic group working for their release.
Or, the detained alien may seek a redetermination of the bond at a later date when the alien has succeeded in finding and/or gathering enough funds post bond.
What is bond redetermination?
When an alien in custody and detention has succeeded in obtaining the Court’s permission to post a bond, and yet, the alien is unable to post the bond set by the Immigration Judge because of a lack of funds, it is possible for the detained alien to ask for a redetermination of the bond at some later date especially when the detained alien’s circumstances have changed materially.

What are bond appeals?
In case the detained alien does not agree with the Immigration Judge that continued detention of the illegal alien will be justified, or when the alien disagrees that the amount of bond is reasonable given the presented evidence, detained alien may seek to appeal the bond to the Board of Immigration Appeals.
Are you or a loved one willing to explore other alternative reasons for the alien to be released from custody? Do you need assistance in asking for a bond redetermination? Are you interested in appealing the bond determination by the Immigration Bond? Call any of our Immigration Attorneys. Speak to them today.
Posting Bond
By now you or your loved one should have gathered all the evidence necessary to support the request for release on bond. You may already have presented your evidence at the bond hearing and your request for release on bond has been granted. The next consideration for you would be how to post the bond.
Who determines how much bond I should pay?
The amount of bond is usually determined by the Immigration Judge based on the recommendation of the Immigration and Customs Enforcement (ICE). In turn, their recommendation is based on a “risk classification assessment” which evaluates and measures the risk to public safety and risk of flight of the detained alien. The recommended bond will usually be conservative and this means the detained alien will need to pay a higher amount of bond.
If you’ve succeeded in persuading the judge to allow you or your loved one to post a bond for their temporary release from immigration detention, you should also persuade the court to reduce the amount of bond you need to post. Based on the evidence you’ve submitted, you must have provided evidence that you are not a flight risk or a danger to the public. You can ask the court to reduce the bond to an amount you can afford. The law pegs the minimum amount of bond at $1500.

How should I pay the bond?
Paying the bond is also referred to as “posting” a bond. Unfortunately, the ICE does not accept bond payment through credit cards, cash or personal checks. The bond may be posted by the detained alien’s sponsor or relative by going to the Immigration Bond Acceptance Facility nearest to them and paying for the bond using a certified bank or manager’s check or US postal money order or by a bond posted by a surety company. Your loved one or sponsor will need to physically present themselves at the nearest bond acceptance facility.
What if the removal proceedings result in my being removed from the US, what happens to the bond?
The bond is cancelled if the detained alien obtains legal status or if they are removed from the US. If the relative or sponsor of the detained alien paid bond through manager’s check or postal money order, the relative or sponsor can ask for a refund of the amount of the bond. The Treasury Department deposits into a trust account all the money orders and/or certified cashier’s check used as payment for immigration bonds.
If the detained alien’s immigration bond was paid for by a surety company, the surety company has the right to demand the refund. Whatever percentage or premium that the detained alien’s relative or sponsor paid will not be refunded anymore.

Will the relative or sponsor be entitled to a refund when I become a fugitive or if I self-deport?
When the detained alien who has been released on bond fails to appear for the removal proceedings as they had promised, they are already in breach of the terms of the bond. The relative or sponsor who posted the bond will no longer be entitled to a refund because the bonded alien will be considered a fugitive.
The Immigration Judge will demand the sponsor or relative who posted the bond for the detained alien to bring the alien to court. If the relative or sponsor cannot bring the alien to court the bond will be cancelled.
If the alien voluntarily departs the US during the time that the removal proceedings are pending, their relative or sponsor may still be entitled to a refund if there is a confirmation that the detained alien has voluntarily departed the US and their departure was verified.
Does your relative or sponsor need help posting the bond? Do they need help obtaining a refund of the bond paid? Speak with any of our immigration attorneys for advice on what to do.