🌐 Immigration bond guide

Immigration bail bonds explained

Fianzas de inmigración explicadas

Immigration detention and bonds are completely different from criminal bail. This guide explains how ICE bonds work, what they cost, and what your rights are — in English and Spanish.

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Critical difference: Immigration bonds are posted with ICE or an immigration court — not a state or county court. The bondsman must be specifically licensed for immigration bonds. A regular bail bondsman cannot help.

What is immigration detention?

When ICE (Immigration and Customs Enforcement) arrests someone for immigration violations, they are held in an ICE detention facility — not a regular jail. The person can be held for days, weeks, or months while their immigration case is processed.

An immigration bond is the mechanism for release from ICE custody while the case is pending. It works similarly to criminal bail: pay the bond, get released, attend all hearings. But the governing law, the bondsman requirements, and the consequences of missing a hearing are all different.

Not everyone qualifies for a bond. ICE can classify someone as a mandatory detention case — meaning no bond is available. This typically applies to people with certain criminal convictions, prior deportation orders, or who ICE determines are a national security risk.

Delivery Bond

The most common type. Person is released and must appear at all immigration hearings. If they miss any hearing, the bond is forfeited and deportation proceedings accelerate.

15–20% premium

Voluntary Departure Bond

Person agrees to leave the country by a specific date. Bond is refunded if they depart on time. If they fail to depart, the bond is forfeited and re-entry becomes permanently barred.

Full cash to ICE

What does an immigration bond cost?

ICE sets the bond amount — not a judge — typically between $1,500 and $25,000+ depending on the person's immigration history, criminal record, and perceived flight risk. The minimum ICE bond is $1,500. High-risk cases can reach $100,000 or more.

If you use an immigration bondsman, you pay a non-refundable premium of 15–20% of the bond amount. On a $10,000 ICE bond, that's $1,500–$2,000 gone permanently.

If you pay cash directly to ICE (called a "cash bond"), you pay the full bond amount and get it back when the case concludes — if the person attends all hearings. Missing even one immigration hearing forfeits the entire amount and triggers immediate deportation proceedings.

How to get someone released from ICE custody

1
Find out where they are detained
Call the ICE Detainee Locator at 1-888-351-4024 or search online at locator.ice.gov. You will need the person's full name, country of birth, and date of birth. This is available 24/7.
Available 24/7
2
Determine if a bond is available
Ask the detaining facility directly: "Has a bond been set? Is this person eligible for bond?" Some people are mandatory detainees — no bond is available regardless of payment. An immigration attorney can request a bond hearing if ICE has not set one.
3
Find a licensed immigration bondsman or pay cash to ICE
Not all bondsmen handle immigration bonds. Ask specifically: "Are you licensed to write immigration bonds?" Verify their license with your state's insurance department. Alternatively, bring a cashier's check or money order for the full bond amount to the ICE field office.
⚠️ Verify license before paying anything
4
Attend every immigration hearing — no exceptions
Missing a single immigration hearing causes three things simultaneously: the bond is forfeited, an Order of Removal is issued in absentia, and future re-entry to the US may be permanently barred. There is no grace period and no second chance.
Missing = permanent consequences

Rights during immigration detention

Right to remain silent. You do not have to answer questions about your immigration status, country of origin, or how you entered the US. Anything you say can be used against you in immigration proceedings. You can say: "I am exercising my right to remain silent."

Right to an attorney. You have the right to be represented by an immigration attorney — but unlike criminal court, the government does not provide a free public defender for immigration cases. You must find and pay for your own attorney, or find a nonprofit that provides free representation.

Right to a bond hearing. If ICE has classified you as a mandatory detainee and you believe that classification is wrong, your attorney can petition an immigration judge for a bond hearing.

Right to contact your country's consulate. ICE is required to notify you of this right. Your consulate may be able to provide legal referrals, translation services, and assistance with the detention process.