Post Office. No cash or personal checks are ever accepted. Only someone who is 18 or older and has legal status can be a bond obligor. The obligor should safeguard the receipt, ICE Form I, as it will be required for the bond refund process. Once the ICE ERO Field Office where the obligor posted the bond communicates this completed transaction to the detention center holding the individual, the detention center will release the individual.
Communication between the ICE Field Office and the detention center often takes hours, so the obligor will want to post the bond as soon as the office opens to increase the chances of the individual being released the same day. Currently, about 91 percent of the immigration bonds issued each year are secured by cash, while the other 9 percent are issued by surety companies that are certified by the Treasury Department to post bonds on behalf of the federal government.
These funds are held in trust for the obligor and earn the Treasury Department market-based rate effective on the date the obligor posted the bond. Per regulation, from to June 16, , the interest rate was set at three percent per year. When ICE issues the bond refund, the check should reflect the bond amount paid plus the interest as set by the Treasury Department.
Fast-forward to perhaps a year or more after release on bond, and the individual has obtained legal status or he or she has been deported. Either of these outcomes meets the conditions of the bond and triggers a bond refund via its cancellation. Otherwise, the obligor will not receive notice due to ICE sending it to an incorrect address.
When the obligor obtains Form I, Notice Immigration Bond Cancelled, the obligor should send it along with Form I, Receipt of Immigration Officer, and a cover letter with a request for the refund to:. Box Williston, VT If the obligor has questions about immigration bond refunds, it is better to call the Financial Operations of the DHS Debt Management Center at and select option 1 to speak with someone.
Because of the requirement that the obligor have legal status, the obligor is often a family friend or acquaintance, rather than an immediate family member of the detainee. This often poses a hurdle in recuperating the bond refund, as the obligor may lose touch with the family of the bonded individual. Unfortunately, even though the obligor merely posted the bond instead of providing the actual funds, the bond will be refunded to the obligor absent a prior assignment by the obligor authorizing someone else to receive the refund.
The attorney or Board of Immigration Appeals representative can be designated to receive the bond refund. However, keep in mind ethical obligations, in particular a conflict of interest, if representing the previously detained foreign national. In much the same manner that the obligor can designate someone to receive the bond refund, the obligor can revoke that designation using a notarized ICE Form I Since the obligor has broad powers over the bond refund, it is advised that the family of a bonded individual choose the obligor carefully before entrusting the person with this responsibility and power.
If the family does not know many LPRs or U. If the bonded individual fails to appear at an immigration court hearing or at an ICE ERO appointment and thereby becomes a fugitive, that individual will be in breach of the bond terms.
The notice demands that the obligor present the bonded alien at the ICE Field Office at a specific date and time, usually in the morning. The date will likely be within a few weeks after receipt of the notice, so the obligor will have limited time to find and make arrangements with the bonded individual.
In this case the obligor will not receive a bond refund. Posted on October 28, Mayorkas issued immigration enforcement guidelines on Sept. The guidance retains, with some changes in scope, the enforcement categories previously articulated by the Biden administration of public safety, national security and border security.
Enforcement and Detention. Posted on June 28, The memo encourages OPLA attorneys to focus agency resources on cases that fall within one of three priority categories, and to exercise prosecutorial discretion in non-priority cases. Posted on January 26, CLINIC trains legal representatives who provide high - quality and affordable immigration legal services. We develop and sustain a network of nonprofit programs that serve close to , immigrants every year.
We cultivate projects that support and defend vulnerable immigrant populations by:. History has taught us that people who step up can make a difference. We hope you will join us. These training and resource materials will walk will you through how to handle a bond hearing for someone held in immigration detention.
The resources include recorded webinars, practice advisories, and template bond motions and other filings. Getting Started: Overview of Bond These materials provide an introduction to release from immigration detention on bond: who is eligible for bond, how to request a bond hearing, and what happens during bond hearings. Here you will find required forms, filing and service instructions, samples, and templates for your bond submission to the immigration court.
The American Immigration Council warns non-citizens to guard against spoofing phone calls from ill-intended individuals seeking to create panic among our immigrant community.
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