A quick guide to different types of immigration bonds
Types of Immigration Bonds in the U.S. and How They Work
There are several types of immigration bonds available to individuals detained by Immigration and Customs Enforcement (ICE). Each type serves a different purpose, and understanding the differences can help you make the right decision for your family.
An immigration bond is a legally binding agreement between the U.S. government and a detained immigrant. The bond secures the person's temporary release from custody while their immigration case proceeds. The bond amount is determined by ICE or an immigration judge based on factors like immigration history, criminal record, and flight risk.
1. Delivery Bond
A delivery bond is the most common type of immigration bond. It allows a detained individual to be released from custody while their immigration case is pending.
To qualify, the detainee must receive both an arrest warrant (Form I-200) and a Notice of Custody Conditions (Form I-286) from ICE. An immigration judge then sets a bond amount based on case details, including criminal history and flight risk.
Once the bond is paid, the detainee is released and can attend all scheduled court hearings, live at home with family, seek legal counsel, and build a stronger defense while living outside of detention. Missing court means the bond is forfeited and ICE may re-detain the individual.
2. Voluntary Departure Bond
A voluntary departure bond applies when a detainee agrees to leave the U.S. voluntarily within a designated timeframe, usually 30 to 120 days, at their own expense.
If they leave as agreed, the bond is fully refundable and they may avoid formal deportation and future reentry bans. If they fail to leave, the bond is forfeited and they may face further penalties.
Voluntary departure is typically granted when the immigrant does not plan to fight their case, wishes to avoid legal complications, and can arrange travel independently. Because it means leaving the country, it is usually not the preferred option, but it can be appropriate when there are no viable legal defenses.
3. Order of Supervision Bond
If a detainee hasn’t received a final deportation order, they might be released under an Order of Supervision. This bond type allows for:
- Temporary freedom with strict reporting requirements
- Regular check-ins with ICE while awaiting a resolution
It's often used when deportation is delayed or pending further review.
4. Public Charge Bond
A public charge bond is used when authorities believe someone might rely on public benefits like food stamps or welfare. The bond:
- Serves as a promise not to accept public assistance
- Is forfeited if the individual later uses prohibited benefits
This bond type is less common but relevant for certain green card applicants or individuals adjusting status.
Delivery Bond vs. Voluntary Departure: Which Is Better?
Whenever possible, a delivery bond is the better option because it allows the person to remain in the U.S. legally during proceedings, hire an immigration attorney, and spend time with family while gathering evidence for their case.
A voluntary departure bond should only be considered if there are no viable legal defenses and the person is prepared to exit the country willingly.
How to Post an Immigration Bond
There are two main options for paying an immigration bond:
1. Surety Bond
If the family cannot afford to pay the full bond amount upfront, they can work with a licensed immigration bond agent. The bond company covers the full bond amount, and the family pays a non-refundable premium. Collateral such as property may be required. Learn more about property collateral bond options.
2. Cash Bond
If the full bond amount can be paid directly to ICE, this is considered a cash bond. Payment is made at an ICE-ERO facility with a cashier's check made out to the Department of Homeland Security. Once the detainee completes all court obligations, the bond is refunded to the payer.
Need Help Posting an Immigration Bond?
If your loved one is in ICE detention, don't navigate the system alone. Amistad Bail Bonds provides nationwide immigration bond services, guiding families through the process with compassion and expertise.
Learn how the bond process works on our immigration bonds overview page. Want to estimate the cost of a bond? Use our bond calculator to get started. Not sure if your loved one qualifies? Visit our guide on immigration bond eligibility and requirements.
