Using an Immigration Bond Service: What to Ask Before You Sign

When an immigration bond has already been established for someone in ICE custody, a licensed immigration bond company can assist families with the application, financial collateral, and electronic submission. However, understanding how a bond service operates and what obligations you assume as an indemnitor (co-signer) is crucial before signing any agreement.

What an Immigration Bond Company Does

An immigration bond company provides surety bond services when an eligible immigration bond has been set by DHS or an immigration judge. Once the bond amount is established, a licensed bond company can:

• Review the detainee's information (full legal name, A-Number, and current detention facility).
• Explain the financial requirements, including required collateral, contractual premiums, and fees.
• Prepare and process the necessary indemnity agreements and remote application paperwork.
• Submit the surety bond electronically through ICE eBonds to initiate the facility's release processing.

It is important to note that an immigration bond company does not determine bond eligibility, set or lower the bond amount, or provide legal representation. Furthermore, actual release timing is strictly controlled by ICE and the detention facility and cannot be guaranteed by any bond company.

Financial Requirements: Premium, Collateral, and Fees

Understanding the costs involved protects families from unexpected financial surprises:

• Premium & Fees: The premium is the contractual fee charged by the bond company for posting the surety bond. Premiums and application fees are non-refundable charges for the service provided.
• Collateral: Collateral is provided by the indemnitor to secure the full face value of the bond. Depending on the approved program structure, collateral may consist of cash collateral or qualifying real estate equity. The customer provides collateral to secure the performance obligation; the collateral is held in trust while the bond remains active.

To evaluate your financial options, you can review our payment options guide or calculate upfront estimates before starting your immigration bond payment.

What to Ask Before You Sign an Agreement

Before signing any bond contract or indemnity agreement, ask the bond service provider the following key questions:

1. What is the total upfront cost, including non-refundable fees vs. refundable collateral? Make sure you receive a clear itemized breakdown of the non-refundable premium and the exact collateral required.
2. What are the collateral return conditions? Verify how collateral is returned after ICE formally cancels the bond (e.g., upon case conclusion, voluntary departure, or grant of lawful status) assuming no bond breach occurs and all contractual obligations are satisfied.
3. What are my responsibilities as a co-signer (indemnitor)? As a co-signer, you guarantee that the released individual will attend every scheduled immigration court hearing-3 and comply with all ICE reporting requirements. If the individual fails to appear, the bond may be declared breached by ICE, making you liable for the full bond amount.
4. How will we communicate during-3 the process? Ensure the bond company offers clear, accessible communication and updates throughout the electronic submission and release process.

Important Legal & Regulatory Distinction

Posting an immigration bond allows an eligible detainee to be released from custody while their deportation proceedings continue. Release on bond does not grant legal status, resolve an immigration case, or dismiss court charges. The individual must attend all required EOIR court hearing-3s and comply with all DHS/ICE conditions.