An immigration bond is a type of surety that is used to obtain the release of a person currently in the custody of the United States Department of Homeland Security (U.S. DHS). This bond is posted as security for performance and fulfillment of the bonded person’s obligations to the U.S. government. This obligation may consist of appearing before the immigration judge or an immigration officer.
There are many reasons why a person may end up in an immigration detention center or jail. Some of the reasons include lack of legal status in the United States, violation of immigration or criminal laws of the United States, lack of proper documentation at the time of entry or having an old criminal case that resulted in a conviction for a serious criminal offense. Individuals can be detained even a decade after pleading guilty to a criminal offense.
Initially, after someone is taken into immigration custody, the U.S. Immigration and Customs Enforcement (U.S. ICE) officer will make the initial determination regarding such person’s custody. This process is known as custody determination. At this point, the ICE officer may set the immigration bond that must be posted with the Cashier’s Office at the U.S. DHS. In some cases, a U.S. ICE officer may release the detained person on his or her own recognizance without requiring the individual to post an immigration bond. If the U.S. ICE officer believes that the detained person will not comply with the conditions of his or her release, such person will remain in U.S. ICE custody without bond. The U.S. ICE officer may likewise determine that a person must remain in custody without bond if there are reasons to believe that such person may pose danger to the community.
Once the U.S. ICE officer determines that a person must remain in custody without bond, such person may request an Immigration Judge to review the initial custody determination. In making such a request, the detained person may ask the Immigration Judge to set the bond or reduce the initial bond amount set by the U.S. ICE officer.
Contact our experienced New Jersey Immigration Attorneys and they will guide you through the process of obtaining a release from custody. Our New Jersey office is conveniently located in Woodbridge, New Jersey near the Woodbridge Train Station.