In the United States, while certain individuals facing criminal charges have the right to reasonable bail, the circumstances are different for non-citizens detained by the Department of Homeland Security (DHS). For foreign nationals, it’s crucial to understand how immigration bonds work to safeguard their rights and explore available legal avenues. If you are a detained non-citizen, please don’t hesitate to contact a seasoned New Jersey Immigration Lawyer for guidance and skilled representation.
What is an Immigration Bond?
An immigration bond serves a similar purpose to bail in criminal cases. Like posting bail to secure release during criminal proceedings with the promise of attending court hearings, an immigration bond allows foreign nationals detained by DHS to be released. By paying a set amount, the individual commits to attending all required legal proceedings. This option is available to those who are not deemed a flight risk, preventing them from potentially lengthy detention periods while awaiting the resolution of their case.
What Does the Immigration Bonds Process Entail?
Immigration bonds provide for the provisional release of a detained non-citizen, serving as a fiscal assurance that the individual will comply with all scheduled legal proceedings and will not abscond. For foreign nationals within the U.S., understanding how these bonds work is imperative.
After being detained by the U.S. Immigration and Customs Enforcement (ICE), you can request a bond. ICE will either set a bond amount or deem you ineligible. Should ineligibility be determined or the bond amount deemed excessive, a bond hearing may be requested before an immigration judge to present the case for reconsideration.
If ICE approves a bond, it must be furnished by an obligor. An obligor is any person or entity that provides the necessary funds to secure the bond. By rendering payment, the obligor guarantees the fulfillment of the bond conditions by the detained individual.
Like bail, if all court hearings are attended and all judicial orders are followed, the bond money will be returned to the obligor. However, the bond acts as a financial guarantee, meaning failure to comply with orders may result in the forfeiture of the money.
Nevertheless, bond eligibility is not universally granted to all detained individuals. Certain criminal convictions, including drug-related offenses and aggravated felonies, alongside a history of deportation and other immigration infractions, may result in ineligibility. Additionally, if an individual is considered a threat to public safety or a flight risk, a bond request will likely be denied.
If you are facing detention and deportation, it’s in your best interest to contact a determined attorney from the Law Offices of Aditya Surti, LLC, who can provide unwavering support throughout each step of the immigration bond process.