An immigration bond is the money paid to secure the release of a foreign national person who has been detained (detainee) by the United States Immigration and Customs Enforcement (ICE). An immigration bond serves as security to help ensure the bonded person will attend all immigration court proceedings.
When ICE detains a person, it determines whether the person is eligible for bond. If ICE determines the person is eligible for bond, it sets the bond amount based on a risk classification assessment—which measures the person’s risk to public safety and the risk of the person fleeing or not appearing for immigration court proceedings (the risk of flight).
If ICE denies the detainee an immigration bond, the detainee may request a bond hearing with an immigration judge. To convince the judge the detainee should be granted release on bond (the payment of the security or collateral) the detainee will generally have to provide evidence of their ties to the community, a lack of criminal record, and stable employment.
If the immigration judge denies the request for a bond, the detainee may appeal the decision to the Board of Immigration Appeals (BIA), but will have to demonstrate a significant change in circumstances.
If ICE sets a bond, the detained person may pay the bond amount to secure their release or may request a bond hearing with an immigration judge and ask the judge to lower the amount of the bond or otherwise change the terms of the bond.
Who is an Obligor on an immigration bond?
An obligor is the person who pays the immigration bond and completes the necessary paperwork at the nearest ICE Enforcement and Removal Operations (ERO) field office—known as posting the bond. A certified check from a bank or a money order payable to the U.S. Department of Homeland Security (DHS) in the amount of the bond are the preferred forms of payment.
An obligor must be 18 years of age or older and have legal status to be in the United States. The ICE ERO field office generally requires the obligor to provide a valid Employment Authorization Document (EAD), a U.S. birth certificate or passport, an original Certificate of Citizenship or Certificate of Naturalization, or a Lawful Permanent Resident (LPR) card. The obligor should also bring a state-issued driver’s license.
An Employment Authorization Document or EAD is a general term used to describe a card the United States Customs and Immigration Services (USCIS) issues on Form I-766 to aliens who are authorized to work in the United States. The EAD contains a photograph of the individual and sometimes includes their fingerprint.
Upon posting the bond, ICE will provide the obligor with:
• ICE Form I-352, Immigration Bond, and
• ICE Form I-305, Receipt of Immigration Officer
The obligor should keep the I-305 receipt, as it will be required when seeking a refund of the bond.
When the ICE ERO field office where the obligor posted the bond notifies the detention center holding the detainee of the completed bond transaction, the detention center will release the detainee.
Because the communication process between the ICE field office and the detention center often takes hours, the obligor should post the bond as soon as the office opens to increase the chances of the detainee being released the same day.
What does the federal government do with the bond money?
Most immigration bonds are secured by cash provided by the obligor, but some are secured by surety companies that are certified by the U.S. Treasury Department to post bonds. ICE deposits cash (certified checks and money orders) in a fund maintained by the U.S. Treasury Department—known as the Immigration Bond Deposit Account.
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. When ICE issues a bond refund check to an obligor, it should include the bond amount paid plus the interest due, as set by the Treasury Department.
How does the obligor get the bond refund?
If the detainee is released on bond and later obtains legal status to remain in the United States—or is deported—the bond is cancelled and the obligor is entitled to a refund—a return of the amount of the bond plus the interest due on it. Upon cancellation of the bond, ICE will send the ICE Form I-391, Notice Immigration Bond Cancelled, to the Department of Homeland Security Debt Management Center and to the obligor at the address provided by the obligor. To expedite this process, the obligor should contact ICE to initiate this process upon an event that triggers cancellation of the bond and the obligor’s right to a refund of the bond.
If the obligor moves residences after posting the bond, the obligor should inform ICE of the new address by submitting ICE Form I-333, Obligor Change of Address.
When the obligor receives Form I-391 (Notice Immigration Bond Cancelled) the obligor should send it and Form I-305 (Receipt of Immigration Officer) with a cover letter requesting the bond refund. The obligor should send these items to the following address:
Debt Management Center
Attention: Bond Unit
P.O. Box 5000
Williston, VT 05495-5000
And if the obligor has questions about immigration bond refunds they may call the Financial Operations of the DHS Debt Management Center at 802.288.7600.
If the obligor misplaces Form I-305, Receipt of Immigration Officer, the obligor can execute a notarized ICE Form I-395, Affidavit in Lieu of Lost Receipt of United States ICE for Collateral Accepted as Security.
What if a person released on bond fails to comply with the bond conditions of appearing in immigration court or at an ICE check-in?
If a person released on bond fails to appear at an immigration court hearing or at an ICE ERO appointment—and thus becomes a fugitive—that person will be in breach of the bond terms. If this happens, ICE will send the obligor an ICE Form I-340, Notice to Obligor to Deliver Alien—and deliver the notice by certified mail, return receipt requested.
This ICE Form I-340 Notice will demand that the obligor present the bonded individual at the ICE field office at a specific date and time—usually within a few weeks after receipt of the notice. If the obligor fails to present the bonded individual at the requested date and time, ICE will send an ICE Form I-323, Notice of Immigration Bond Breached. If ICE sends the obligor this notice of breach of the immigration bond, the obligor will not receive a refund of the bond.
What is a voluntary departure?
If a foreign national (person) in the United States was not detained but received a voluntary bond, the bond serves the same purpose—security that the foreign national will depart the United States under the voluntary departure terms.
The Form I-210, Voluntary Departure and Verification of Departure Form—signed by the foreign national and ICE—documents an alien’s agreement to voluntarily depart from the United States. The DHS’ ENFORCE Alien Removal Module (EARM)—an electronic database—automatically populates the form with the alien’s name and Alien Registration Number (A-Number).
The ICE officer enters information regarding the alien’s plans to depart. The alien signs the printed form and is given a copy of it. Upon returning to his or her home country, a State Department official at a U.S. consulate or embassy completes the remainder of the form and sends it to ICE ERO showing that the alien did depart. ICE then uploads the form to the Bond Document Repository—an electronic storage for bond related documents.
What if a person released on bond returns to their country without completing the removal proceedings in the United States?
If the obligor on an immigration bond learns—after receiving ICE Form I-323, Notice of Immigration Bond Breached—that the person released on bond has self-deported, it is possible for the obligor to receive a bond refund. To do so, the obligor may seek rescission of the bond breach; reinstatement of the bond; and then bond cancellation. The obligor will need to show proof the bonded individual departed the United States—such as travel confirmation, boarding passes, and a stamped passport.
To facilitate the bond refund process for the obligor, the bonded individual should also report to the U.S. Embassy or Consulate in their home country and request and ICE Form I-210, Voluntary Departure and Verification of Departure, to be sent to the DHS/ICE headquarters office. Although the bonded individual did not receive voluntary departure from the immigration court, the verification of departure may serve the purpose. The bonded individual should request a copy of the document and send a copy to the obligor.
In Texas, as in other states, an immigration bond is a financial guarantee paid to secure the release of a foreign national detained by ICE. The bond ensures the individual's appearance at all immigration court proceedings. ICE determines bond eligibility and sets the amount based on a risk assessment. If ICE denies bond, the detainee can request a bond hearing with an immigration judge, who may grant release on bond if the detainee shows community ties, a clean criminal record, and stable employment. An obligor, who must be at least 18 and have legal status in the U.S., pays the bond and completes paperwork at an ICE ERO field office. Payments are typically made via certified check or money order to the DHS. The obligor receives a receipt and bond form, which are necessary for a refund once the bond is cancelled (e.g., if the detainee gains legal status or is deported). Bond money is held in the U.S. Treasury's Immigration Bond Deposit Account and earns interest. To get a refund, the obligor submits the cancellation notice and receipt to the DHS Debt Management Center. If the bonded individual fails to comply with bond conditions, the obligor receives a notice to present the individual to ICE and may forfeit the bond if they fail to do so. Voluntary departure bonds are similar but for individuals not detained and agreeing to leave the U.S. voluntarily. If a bonded individual self-deports without completing removal proceedings, the obligor may still obtain a refund by providing proof of departure and seeking bond rescission and cancellation.
