When someone is being held under an Immigration and Customs Enforcement (ICE) Detainer, it might still be possible for that person to get released on a bond. A criminal attorney can advise him about his or her individual case, but these are some general guidelines.
Two Primary Types of Bonds (both granted by an immigration judge)
1. Delivery Bonds (Form I-352)
2. Voluntary Departure Bonds.
What Are Delivery Bonds?
If a person is granted a Delivery Bond, it means that once the bond amount is put up, the detainee will be released and allowed to remain free while his case is being resolved. In most instances, the bond amount is directly tied to the seriousness of the crime the person has been charged with.
Being out on the bond allows for the necessary time to hire and work with an immigration defense attorney regarding the case.
It makes it possible to maintain employment and spend time at home with family members while preparing for the possibility of deportation.
Following the final court appearance, the bond amount is returned. If the final outcome includes deportation, the person will be expected to appear at the Homeland Security agency on a specific date to be sent back to his country.
What Are Voluntary Departure Bonds?
If a detainee agrees to leave the USA voluntarily and at his own expense, the immigration judge might grant a Voluntary Departure Bond.
The bond amount is posted and a specific date is established by with the detainee must leave the country. If he does so, the bond is returned to whoever signed for it. If he fails to leave by the appointed time, the bond is forfeited and he could face additional criminal charges.
Other Bond Basics: Each bond must be posted in cash. Getting the bond amount returned after the case is resolved can take up to one year from the final disposition of the case (with a final court appearance or a voluntarily departure).
Final thoughts: If your boyfriend is granted a bond and you do not have enough money to post it for him, there are immigration bail bond companies that will do so for a fee in above and beyond the required bond amount. Such companies can be found online or in the Yellow Pages. Collateral or a co-signature is often required to secure the bond.
Related: Locked Away In Immigration Jails