In the United States, courts often release defendants until their trial dates. This system usually involves the payment of “bonds” in order to secure release. With this strategy, people can plan their legal strategies outside of jail cells, allowing for more organized and effective outcomes. The same logic applies to those who are accused of violating immigration laws in the United States. In this situation, you might have the option to pay an “immigration bond” to secure release until your immigration court hearing. How does this system work? How do you secure your own release, and can an immigration lawyer in Dallas help?
The Basic Concept of Surety Bonds Explained
Immigration bonds follow the same basic principles of all surety bonds in the United States. When someone is accused of a crime and faces incarceration, they may have the opportunity to secure pre-trial release. However, the court must make sure that the defendant doesn’t flee the state or country after their release. In order to ensure their attendance at the next court date, the court forces the defendant to pay bail or a surety bond.
Bail is money paid directly to the court. Like a deposit, this money should be returned in full when the defendant returns to court as promised. If they flee, however, they never get this money back. For defendants accused of serious offenses, high bail serves as a strong disincentive against fleeing the country.
Of course, not everyone can afford to pay bail. If this is the case, they still have the opportunity to secure pre-trial release with a surety bond. This system introduces a third party called a “bail bondsman,” otherwise known as a bail bond agent or bond dealer. This individual pays bail on your behalf. In exchange, you pay a small percentage of the total bail directly to the bail bondsman. When you return to court, the bail bondman keeps the bail money, plus the percentage you paid them. This “premium” is nonrefundable.
This system means that the bail bondsman takes most of the financial risk associated with your pre-trial release. If you never return to court, they lose the majority of the bail money. As a result, there is a strong incentive for the bail bondsman to make sure you return to court. If you attempt to flee, the bail bondsman might even hire a bounty hunter to locate you and forcibly bring you back to court.
What is the Difference Between a Normal Surety Bond and an Immigration Bond?
Surety bonds and immigration bonds are quite similar, but there are a few important differences you need to be aware of. First, an immigration bond is issued by an immigration court. In contrast, a surety bond is something that occurs through criminal courts. Even if an individual faces deportation because of a criminal offense, their immigration bond will still be issued by immigration courts.
While a “delivery bond” functions in the same way as a surety bond, a “voluntary departure bond” is slightly different. Instead of simply allowing you to avoid incarceration and enjoy your freedom before your next hearing, a voluntary departure bond allows you to leave the country. Once you leave the country, the bond is refundable. In other words, a voluntary departure bond allows you to get out of jail for just long enough to exit the United States. If you do not leave fast enough after your release, you may not receive your bond refund.
Am I Eligible for an Immigration Bond?
The court will let you know whether you are eligible for an immigration bond. Speak with your immigration lawyer to determine whether you can pursue this course of action. Immigration bonds are not automatic, and you might not receive this opportunity under certain circumstances. Perhaps most obviously, the court will not offer you an immigration bond if it considers you a “flight risk.” This means that you are likely to leave the state or go into hiding if they release you from ICE custody.
Interestingly, the definition of a flight risk in this context does not include people who are likely to leave the country entirely. After all, the goal of deportation is to make you leave the country.
You may also lose the opportunity to pursue an immigration bond if you pose a danger to the community. For example, you may be facing deportation due to a violent crime. If you want to pursue a bond despite your history of violent crimes, an immigration lawyer may be able to help. For example, your lawyer could argue that you are rehabilitated.
Finally, the immigration court may be unlikely to grant a bond if a judge believes you are very unlikely to win your case. In this situation, you may realize that your chances of success are low. As a result, you could be less likely to attend your immigration hearing, and you might be more likely to flee.
How Much is an Immigration Bond in Texas?
According to USCIS, an immigration bond must be at least $1,000. However, the maximum could be virtually any amount imaginable. It all depends on the specifics of each case, and the court is free to set the bond amount at whatever level it believes to be appropriate. That said, your immigration bond should be relatively affordable, and you can ask for help from your friends or family.
Contact an Experienced Immigration Lawyer in Dallas
If you would like to learn more about immigration bonds, be sure to contact an experienced immigration lawyer in Dallas. These legal professionals may be able to help you secure release from ICE detainment until your immigration court hearing. Once you have secured release, you can discuss the most optimal strategies with your lawyer. Remember, the specific requirements surrounding immigration bonds depend on your unique situation. While internet research can provide a basic overview of this topic, a lawyer can offer more personalized guidance. Take the next step by contacting The Presti Law Firm, PLLC today.