🧾 Immigration Bonds in the U.S.: What You Need to Know Before Getting One

As of 2021, immigrants made up approximately 13.6% of the total U.S. population, which equates to more than 45 million people living in the country as either lawful or undocumented residents. With such a large population navigating immigration laws, it’s no surprise that many individuals may find themselves in custody due to visa violations, unlawful entry, or other status-related complications.

If you’re an immigrant—or you’re helping a detained family member—understanding how immigration bail bonds work is essential. This legal tool allows someone in immigration detention to be released while their case is still being processed.

This guide breaks down everything you need to know about immigration bonds, including the types, qualifications, costs, and how to navigate the process confidently.

What Is an Immigration Bond?

An immigration bond is a type of bail issued by the U.S. government that allows a detained immigrant to be released from ICE (Immigration and Customs Enforcement) custody while awaiting court proceedings. It’s essentially a promise backed by money or collateral to ensure the individual complies with all legal obligations, such as appearing at hearings and following any court-ordered conditions.

Only a licensed immigration bond agent or the individual’s direct sponsor (usually a U.S. citizen or lawful permanent resident) can process the bond. Once released, the individual is still required to:

• Appear at all immigration court hearings

• Check in with ICE as scheduled

• Follow any additional orders from the immigration judge

A bond does not erase the immigration charges or grant legal status—it simply allows the individual to leave detention during the legal process.

Two Common Types of Immigration Bonds

There are two main types of immigration bonds, and the one that applies will depend on the circumstances of the case and the decision of the immigration judge.

Voluntary Departure Bond

This bond allows a detained immigrant to leave the U.S. voluntarily and at their own expense within a designated time frame, typically between 30 and 90 days. Once the departure is confirmed, the person who paid the bond may receive a refund.

However, if the person fails to leave the U.S. within the set timeline, the bond is forfeited and may result in additional legal consequences or detention.

Delivery Bond

This is the most common type of bond issued when an immigrant is detained by ICE. A delivery bond allows the individual to remain in the country while pursuing their legal case.

A judge or ICE determines eligibility and sets the bond amount. The detainee is then released but must:

• Attend every court date

• Comply with all immigration proceedings

• Check in with ICE as required

Once the case concludes and all terms are fulfilled, the bond may be refunded to the original payer.

Key Facts to Know About Immigration Bonds

The bond process is often confusing, especially for individuals navigating it for the first time. Below are essential facts every immigrant—or their family members—should understand about immigration bonds in the U.S.

1. Not Everyone Qualifies for a Bond

Eligibility for an immigration bond is not guaranteed. ICE or an immigration judge will assess several factors to determine whether someone should be granted bond. Common reasons for ineligibility include:

• Past criminal convictions, especially for violent or drug-related offenses

• Being deemed a flight risk

• Multiple immigration violations or past deportations

• Suspected national security threats

To improve your chances, it helps to provide evidence of strong ties to your community, such as:

• Proof of employment

• Home or rental agreements

• U.S. citizen children or spouse

• Letters of character reference from employers or community members

An immigration bond agent can assist you in gathering and organizing these documents to present a stronger case to the judge.

2. A Bond Hearing Is Required

In most cases, a bond hearing must be scheduled to determine whether a detainee is eligible for bond and, if so, how much it will cost. During the hearing, the judge evaluates the evidence and decides:

• If the person qualifies for bond

• What amount should be set

• What specific conditions (if any) apply to the release

If ICE initially sets the bond too high or denies it altogether, you can request a bond redetermination hearing to plead your case again.

3. Bond Costs Vary Widely

There is no flat rate for immigration bonds. The minimum bond is usually around $1,500, but in more serious or complex cases, it can reach $50,000 or more.

Factors that influence the bond amount include:

• Severity of immigration violation

• Criminal history

• Community ties and employment

• Whether the individual poses a flight risk

In some cases, a judge may lower the bond amount if the detainee can demonstrate hardship, responsibility, or strong community support.

For a quick way to estimate potential costs, check out our bond calculator tool.

4. You Can Get the Money Back

One of the most commonly asked questions about immigration bonds is: Will I get the money back?

The answer is yes—but only under certain conditions.

To receive a bond refund:

• The immigrant must attend all court dates

• They must follow all terms set by ICE or the court

• The case must be concluded properly

Once the court confirms compliance, ICE will send the bond sponsor a Notice of Bond Cancellation (Form I-391), along with instructions on how to submit the refund request.

The process can take weeks—or even months—but eventually, the full bond amount will be returned (minus any non-refundable service fees if a bond agent was used).

5. Appeals Are Possible

If the bond set by ICE or a judge is too high, don’t panic—you have the right to appeal the bond amount.

To do this, your attorney or bond agent will help you file a Motion for Bond Redetermination, which essentially asks the judge to lower the amount based on new or overlooked information.

For example, you might show:

• Dependents who rely on your financial support

• Medical conditions that make detention unsafe

• Proof of long-term residence in the U.S.

Judges are not obligated to approve the motion, but well-documented appeals can lead to more reasonable bond terms.

6. You’ll Still Need to Follow the Law

Once released, the immigrant must remain in full compliance with the law. Getting into any new legal trouble—even minor offenses—can result in the bond being revoked and the person being detained again.

This includes:

• Traffic violations like DUI or driving without a license

• Domestic disputes or altercations

• Missing check-ins with ICE or court appointments

It’s important to stay in touch with your legal team, keep copies of all paperwork, and attend every appointment or hearing on time.

Do You Need a Bail Bond Agent?

In many cases, individuals or families don’t have the full amount to post bond themselves. That’s where a licensed immigration bail bond company like Amistad Bail Bonds comes in.

When working with Amistad, you typically only pay 15% of the total bond amount upfront (plus collateral if required). We handle the paperwork, communicate with ICE, and work quickly to get your loved one released.

Benefits of working with Amistad Bail Bonds:

• Bilingual support in English and Spanish

• Flexible options for cash or property collateral

• 24/7 availability for urgent bond processing

• Experienced agents who understand immigration laws

• Nationwide service with a focus on family-first support

If you need help understanding what kind of bond applies to your case or how to move forward, we’re here to help.

Immigration Bond Help You Can Trust

Navigating immigration law is difficult enough. When you or someone you love is being held in ICE custody, it’s critical to act quickly and make informed decisions. An immigration bond allows the person to leave detention and prepare their case from the outside—but only if the bond process is handled correctly.

At Amistad Bail Bonds, we’re committed to helping families through this difficult process with speed, clarity, and compassion. Whether you’re in North Carolina, Virginia, or anywhere in the U.S., our licensed agents are ready to assist.

Call us at (800) 537-0645 or schedule a free consultation to get started today.

We’ll help you secure the bond, protect your loved one’s rights, and bring your family back together.