After being detained by Immigration and Customs Enforcement, or ICE, your family member could possibly qualify for an appearance bond. The bond would allow him or her to remain free until a judge decides if your family member should be deported. If your family member has recently been detained by ICE, here is what you need to know.
Is Your Family Member Qualified for a Bond?
Depending on the circumstances of your family member's case, he or she might qualify for a bond. For instance, if your family member was granted legal entry in the country and simply overstayed his or her leave date, a judge might set a bond.
However, under certain circumstances, a judge could deny bail. If your family member has committed certain crimes, such as fraud, or they unlawfully entered the country, it is likely that bail will be denied. Bail could also be denied if your family member is suspected of committing any activity that could endanger national security.
What Types of Bonds Are Available?
Bonds tend to work differently in immigration cases. If your family member is planning to fight for the right to stay in the country, he or she should request an order-of-supervision bond.
Your family member would have to agree by certain conditions before being released. For instance, he or she might be required to check in with a caseworker from the Department of Homeland Security, or DHS, on a regular basis.
On the other hand, if your family member is planning to return to his or her home country without the need for deportation, his or her attorney should request a voluntary-departure bond. The bond would allow your family member to be released, but he or she will need to leave the country by an agreed upon date.
What If the Bail Is Too High?
In the event the judge sets the bail at a high amount, your family member has a couple of options. He or she can file a request for a review of the bail. At that time, your family member and his or her lawyer can argue why the amount should be lowered.
Your family member also has the option of using an appearance-bonds service that specializes in immigration bonds to bail him or her out. With this type of bond, in exchange for paying a percentage of the bail ordered, your family member could be released.