If you or a loved one has been detained by immigration authorities, you may be wondering how the bond process works and how it differs from criminal bonds. Although both systems involve release from custody, immigration bonds are governed by a separate legal process with different rules and agencies. This article outlines the critical differences between immigration and criminal bonds so you can better understand your options.
What Is a Criminal Bond?
A criminal bond is issued when someone is arrested and charged with a crime under state or federal law. The purpose is to ensure the defendant appears at future court dates. Criminal bonds are set by criminal judges and follow state or federal criminal procedures.
Types of Criminal Bonds:
- Cash Bonds – Paid in full to the court
- Surety Bonds – Paid through a bail bond company
- Personal Recognizance – No payment, just a promise to appear
What Is an Immigration Bond?
An immigration bond applies when a noncitizen is detained by Immigration and Customs Enforcement (ICE). It is not tied to a criminal case but rather to civil immigration proceedings. An immigration bond allows the individual to be released from ICE custody while their case moves forward in immigration court.
Types of Immigration Bonds:
- Delivery Bond – Ensures the person appears at all hearings
- Voluntary Departure Bond – Refundable if the person leaves the U.S. voluntarily by a set deadline
Key Differences Between Immigration and Criminal Bonds
1. Governing Agencies
Criminal Bond: Handled by state or federal courts
Immigration Bond: Handled by ICE and the Department of Justice (EOIR – Immigration Court)
2. Purpose of the Bond
Criminal Bond: Ensures compliance with criminal proceedings
Immigration Bond: Ensures compliance with immigration proceedings
3. Who Sets the Bond?
Criminal Bond: A criminal court judge at an arraignment or bail hearing
Immigration Bond: An ICE officer or an Immigration Judge
4. Eligibility Requirements
Criminal Bond: Based on flight risk, danger to the community, and nature of the offense
Immigration Bond: Based on flight risk and whether the individual poses a threat to public safety or national security; some individuals are subject to mandatory detention and ineligible for bond
5. Refundability
Criminal Bond: May be refunded (in part or full) depending on court appearances and fines
Immigration Bond: Refundable if all conditions are met and the individual complies with the case outcome
Can Someone Be in Both Criminal and Immigration Custody?
Yes. A noncitizen can first face criminal charges and then be transferred to ICE custody. In such cases, even if a criminal bond is paid, they may still remain detained under immigration hold and require a separate immigration bond to be released.
Why You Need an Immigration Attorney
Immigration bonds are complex, and not everyone qualifies. A licensed immigration attorney can:
- Determine if you or your loved one is eligible for bond
- Represent you in bond hearings
- Advocate for lower bond amounts
- Navigate the ICE and immigration court systems effectively
Conclusion
While criminal and immigration bonds may seem similar, they operate in completely different legal systems. Immigration bonds involve civil proceedings, separate agencies, and different eligibility rules. If a loved one is in ICE custody, time is critical. Reach out to a licensed immigration attorney to explore your options and begin the bond process.
Schedule a Consultation with an Immigration Lawyer
Citations
- U.S. Department of Justice – Executive Office for Immigration Review (EOIR): Immigration Court Process
- Code of Federal Regulations – Title 8, § 236.1 (Immigration Detention and Bond)
We Can Help!
If you have questions regarding U.S. immigration, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
SIANA J.MCLEAN is a Partner at Richards and Jurusik, who practices immigration law with a focus on asylum, removal defense, and immigration court matters. She has extensive experience representing clients before U.S. Immigration Courts and the Board of Immigration Appeals. (Full Bio)
