Once an immigrant/alien is detained by ICE (Immigration and Customs Enforcement) or the Department of Homeland Security, bond generally becomes an option. Initial bond is determined by the ICE officer at the time of arrest. However, these bond determination are often randomly assigned with little consideration for the aliens/immigrants situation.
Usually, the alien/immigrant will be detained until the first Master Calendar Hearing (MCH), where a judge will have the opportunity, separate and apart from the removal proceedings, to assess the ICE bond and “re-determine” an appropriate amount. There is no hard and fast rule for bond amounts, with the exception that the minimum bond is $1500. Having said that, there are several caregories of crimes that if committed by the alien, prevent any bond from being issued. A summary list follows, but the regulations specifically governing bond assignments by EOIR (Executive Office for Immigration Review) judges are at the bottom of the page.
Typical bars to bond (meaning that there will be no bond and the immigrant/alien will be required to remain in detention) are:
Note — the court has some wiggle room on a few of these categories above. Be sure to review the entire regulation below for specific details.
If the detained alien/immigrant is granted bond, typically the court will weigh the positive factors against the dispositive factors (crime). Positive factors include steady job (and paying taxes!), strong family connection in the community, and owning property (less likely to run).
Bond rates vary GREATLY by judge, and it is quite subjective. However, as an estimated cost, a typical misdemeanor with no other criminal record will run $5000. One DUI is typically $5000. A second DUI is $10000. A third DUI is almost impossible to bond. A drug conviction of under 30 grams of marijuana will typically bond at around $7000.
To pay a bond, once granted by the court, you will need the following before you can pay bond. Be sure to bring these items to your Master Calendar Hearing!
Once the bond has been paid, the court will send an electronic message to the jail where the immigrant/alien is being held. Out-processing takes about one to two hours.
East Coast Legal Group is very experienced in helping people who are detained for immigration proceedings. We have extensive court experience in all aspect of immigration law — including Padilla hearings and appeals. Naturally, we are experienced in obtaining bonds for difficult cases. Criminal past, illegal status, and just simple confusion about what forms to complete and how to submit them are all issues our firm is comfortable and used to resolving. Let us help you!
Want to know how the judge determines when and how to apply bond? Read the manual written by the EOIR for judges!
This is a must read for any person going through the immigration bond process. Click Here