If someone is arrested and then held in jail for problems with their immigration status, there are only three different types of bonds available for that person to get released. There are certain requirements that an inmate has to meet to be eligible for these bonds. Bail bonds are only available to detainees if they don’t have an immigration hold.
Types of Immigration Bonds
- Delivery bond
- Voluntary departure bond
- Signature bond
In cases where ICE (U.S. Immigration and Customs Enforcement) detains a person due to their illegal immigration status, the aforementioned bonds may be available to the defendant.
If a person is arrested due to a criminal charge AND has an immigration hold, the immigration issue must be sorted out first. In most cases, the defendant won’t have to see two different judges, although they may. It all depends on the county or city laws regarding I.C.E. holds. For more information on how bail bonds and immigration bonds can be dealt with, read our previous post.
A delivery bond allows the defendant to secure legal counsel/representation and fulfill their responsibilities to their family by continuing employment, taking care of dependents, etc. This type of bond is a guarantee that the defendant adheres to strict guidelines of ICE or the immigration judge. Furthermore, it requires the defendant to be present at all immigration hearings going forward. This type of bond can be acquired through surety or cash. When the judge sets the amount, an immigration bond agent can write a surety bond for a percentage of the whole amount that was set. You’ll need a co-signer who is a resident of Georgia for this. The defendant can also choose to pay the whole amount with cash.
Voluntary Departure Bond
A voluntary departure bond is an option for someone detained for immigration issues in which they can opt to leave the country voluntarily within a given time frame. This type of bond is also obtainable through an immigration bond agent or by paying the full amount due in cash. If the defendant doesn’t leave the country, this amount is forfeited and the co-signer of the bond becomes liable for the full amount set by the immigration judge. When the defendant complies with the stipulations of the bond, the money is returned to them.
As with non-immigration bail bonds, a signature bond allows the inmate to be released “on their own recognizance.” Typically, no money is due to the jail or courts for a signature bond (or ROI bond) as long as the defendant adheres to the guidelines of the bond and shows up for all future immigration hearings.
Types of Bail Bonds (Non-Immigration)
- Cash bond
- Surety bond
- Signature bond
In non-immigration cases, a cash bond may be granted to an inmate if he/she has previous convictions or multiple ‘failure to appear’ charges. If the charges are serious enough, the judge may determine that a cash bond is the only way that they can be released from jail. Cash bonds are different than surety bonds in that a bondsman cannot help with the process at all. The only option is to pay the entire bail amount directly to the jail or clerk of court.
A surety bond, in non-immigration criminal cases, is when the inmate can seek out the services of a bonding company to write the bond on their behalf. A co-signer is required to help with the financial burden and backing of the bond. A qualified co-signer needs to have several years in his/her job, be a resident of the state of Georgia, prove his/her residency, and put down the money for the bondsman’s fee. This is usually 10% – 15% of the bail amount. Immigration bonds are rarely written by regular bail bondsmen. The risk is usually too high for them. You might give the bail bonds company that we recommend on the bottom of our homepage a call for surety bonds that aren’t immigration related. We hear they do great work.
Much like with immigration bonds, a signature bond may be granted to a defendant depending on their criminal history and ties to the community. If the inmate is a first-offender, they have more of a chance of getting this type of bonding arrangement from the judge. Usually no money is required, but the person is required to attend all future court dates. If they do not, they will go back to jail and it will be very unlikely that they will be able to get a bail bond in the future, since this will be on their record as a “failure to appear.”
For immigration bonds call our office today! For more information on bail bonds, read our bail bonds basics post.