🔎 What's the Difference Between Bail Bonds and Immigration Bonds?

At first glance, bail bonds and immigration bonds may appear to serve the same purpose—they both secure the release of someone from custody. However, these two types of bonds operate under completely different legal systems, have distinct requirements, and involve separate enforcement authorities.

If you or a loved one is facing detention—whether from a criminal arrest or an immigration violation—it’s important to understand how each bond works and when it applies.

In this guide, we'll break down the key differences between bail and immigration bonds, how they’re issued, and how to get the help you need quickly and legally.

🏛️ What Is an Immigration Bond?

An immigration bond is a federal financial surety used to secure the release of an individual who is being detained by U.S. Immigration and Customs Enforcement (ICE) under the authority of the Department of Homeland Security (DHS).

Who Can Pay for an Immigration Bond?

An immigration bond can be posted by:

• The detained immigrant (if legally eligible)

• A family member or legal sponsor

• A third party such as a licensed immigration bond agency

Once the bond is paid, the individual is released from ICE custody and is expected to comply with the terms of release, which may include:

• Appearing at all immigration court hearings

• Checking in with ICE on a schedule

• Complying with location or travel restrictions

If these conditions are met, the bond amount is refunded—though it may take several months. If the terms are violated, the bond is forfeited, and the individual may be re-detained or ordered removed.

Want to know if someone is eligible for an immigration bond? Check out our guide to immigration bond requirements.

⚖️ What Is a Criminal Bail Bond?

A bail bond, by contrast, is issued in criminal cases at the state or local level. It allows a person to be released from jail while they await trial for a criminal offense.

How Does It Work?

• The judge sets a bail amount based on the nature of the crime, the individual’s criminal history, and the risk of flight.

• The defendant, a family member, or a bail bondsman pays the required percentage (usually 10–15%) to secure release.

• The individual must attend all criminal court proceedings or risk bond forfeiture and re-arrest.

Bail bonds are most commonly used in state or county jails after an arrest for offenses such as:

• Theft

• DUI or drug possession

• Assault or domestic violence

• White collar crimes

• Felony charges

If the individual is also undocumented or has a pending immigration issue, they may need both a bail bond and an immigration bond—especially in serious cases like murder charges, where multiple jurisdictions are involved.

🧾 Key Differences Between Bail Bonds and Immigration Bonds

• Jurisdiction

  • Bail Bonds: State or local courts

  • Immigration Bonds: Federal (ICE/DHS)

• Type of Violation

  • Bail Bonds: Criminal charges

  • Immigration Bonds: Civil immigration violations

• Set By

  • Bail Bonds: Judge in criminal court

  • Immigration Bonds: ICE or immigration judge

• Handled By

  • Bail Bonds: Local bail bond agents

  • Immigration Bonds: Licensed immigration bond agents

• Used For

  • Bail Bonds: Criminal arrests

  • Immigration Bonds: Detention for immigration violations

• Refund Timeline

  • Bail Bonds: Weeks to months

  • Immigration Bonds: Often 12+ months

• Eligibility

  • Bail Bonds: Varies by state law

  • Immigration Bonds: Based on immigration status and flight risk

🛂 When Is an Immigration Bond Required?

Immigration bonds are required when a non-citizen is detained by ICE for reasons such as:

• Overstaying a visa

• Entering the U.S. without inspection

• Violating conditions of a visa (e.g., working illegally)

• Facing deportation/removal proceedings

In some cases, ICE may release the individual on personal recognizance, but this is rare. Most individuals must appear for a bond hearing, where an immigration judge will determine:

• Whether the individual qualifies for bond

• The amount to be paid based on risk factors

If you’re unsure how much a bond might cost, try our immigration bond calculator for a quick estimate.

🧠 Can Someone Need Both Types of Bonds?

Yes. There are cases where an individual might need both a criminal bail bond and an immigration bond—particularly if they were arrested for a crime and flagged for immigration enforcement.

Example:

• A non-citizen is arrested for felony assault.

• They are booked into a local jail and may be released with a criminal bail bond.

• However, ICE places a detainer hold, and after the criminal case, ICE transfers them to a federal immigration detention center.

• Now, they must request an immigration bond to be released again.

💰 Who Sets the Amount for Immigration Bonds?

Unlike criminal bail bonds, immigration bond amounts are set by federal authorities:

1. ICE can set an initial amount based on risk factors.

2. If the bond is denied or too high, the detainee can request a bond redetermination hearing in immigration court.

Judges typically consider:

• Whether the person is a flight risk

• Whether they pose a threat to public safety

• Their ties to the community (family, employment, U.S. residence)

🤝 Why Work With Amistad Bail Bonds?

Navigating the immigration bond process is complex, especially if it’s your first time. At Amistad Bail Bonds, we specialize in both immigration and criminal bail bond services, and we’re here to walk you through each step.

We provide:

• 24/7 bilingual support (English & Spanish)

• Cash or property collateral bond options

• Fast processing across the U.S.

• Experienced agents who work directly with ICE and attorneys

• Full support from detention to court

Whether you're dealing with a visa overstay, an ICE hold, or trying to help a loved one in detention, we act fast to get results.

📞 Need Help With an Immigration Bond?

If you’ve never been through this process before, you're not alone—and you don’t have to figure it out by yourself. Whether your loved one is already in ICE custody or you’re preparing for what could happen next, taking the right steps now can save you time, money, and stress.

At Amistad Bail Bonds, we’ve helped thousands of families understand and navigate the bail bond system—and we’re here for you, too.

📞 Call (800) 537-0645 or request your free consultation today to speak with a licensed immigration bond agent.