When a person who is an illegal resident gets arrested in the United States, almost the entire process is different from a typical arrest. From things like where they are held to the biggest standout which is that in order for a release, one needs a very specific and harder to get this type of bond. An immigration bond is only used with people who are not in the country lawfully and they follow a very strict set of rules. Here’s a breakdown.
There are actually two different types of immigration bonds
In reality, when dealing with immigration issues, they are actually two options. One is known as a delivery bond and the other is called a Voluntary Departure Bond. A Delivery Bond is a bond that allows the defendant to go home with their relatives while awaiting their immigration hearings. This type of bond is obviously most everyone’s preferred choice but in order to get a delivery bond one has to have an interview with an immigration officer and bail has to be set and approved by an immigration judge. The other option, known as a Voluntary Departure Bond is essentially exactly how it sounds. In certain instances, the government will allow the opportunity for the immigrant to leave the country on their own accord. This would be at their own expense and a bond would still need to be paid. This bond, however, will be fully refunded as long as the defendant leaves by the agreed upon time. If the defendant fails to do so, then all bond money will be forfeited and more severe legal charges would be brought forward.
You cannot bail yourself out
Unlike a normal cash bond which allows you to bail yourself out if you have the funds, an immigration bond requires a U.S citizen to provide the payment. That means one would need a friend or family member that is a citizen to play the middle man. When it comes to this, it is very important to get someone you trust because when any bail money is refunded, it will go this person instead of the defendant themselves. Because of this, if the person chosen to help is untrustworthy, they could find themselves out of thousands of dollars.
Overall, although it can be a more trying process, there are still certain options if you are dealing with an immigration issue. If you have any questions about immigration bonds or any other bond-related issue, please don’t hesitate to call us!