An immigration bond is a guarantee posted by an obligor — a person or organization — confirming that a detained noncitizen will fulfill their obligations to the government. According to ICE, the bond amount is set by the Department of Homeland Security (DHS) or by the Executive Office for Immigration Review (EOIR) within the Department of Justice. Under INA § 236 / 8 U.S.C. § 1226(a), the bond amount is no less than $1,500.
How the System Works
DHS initially sets the bond amount. According to ICE, the obligor is the person or organization that posts the bond as security for the detained individual's compliance, and a cash bond is paid in full at the time it is posted. As of April 20, 2023, ICE processes bond payments and issues Form I-352 (Immigration Bond) through CeBONDS — a web-based system for verifying bond information and posting cash bonds online.
ICE describes CeBONDS as available only to users located inside the United States. U.S. citizens, lawful permanent residents, law firms, and nonprofit organizations may use the system to post a delivery bond, voluntary departure bond, or order of supervision bond; noncitizens themselves may post a voluntary departure bond or order of supervision bond on their own behalf. Payments are made through Fedwire (the Federal Reserve Bank's real-time electronic funds transfer system) or ACH (Automated Clearing House, an electronic network for transfers between bank accounts).
ICE describes several types of obligations under Form I-352. Under a delivery bond, the obligor guarantees the noncitizen's appearance at the location, date, and time specified by ICE each time ICE issues Form I-340 (Notice to Obligor to Deliver Alien). Under a voluntary departure bond, the obligor provides ICE with proof of voluntary departure within 30 days of the departure date. Under an order of supervision bond, the obligor ensures compliance with the conditions of an Order of Supervision (Form I-220B). More on how detention operates is covered in the section on detention and enforcement.
Bond Hearings Before an Immigration Judge
According to the EOIR Policy Manual (Chapter 9.3), at a respondent's request an immigration judge may conduct a bond hearing and reconsider the bond amount set by DHS. Bond proceedings are separate from the removal case. The judge generally has jurisdiction when the respondent is in DHS custody, and also when the respondent has been released on bond and files a request for redetermination within 7 days of release. Under EOIR rules, the judge does not have jurisdiction in certain situations — for example, for individuals in exclusion proceedings, arriving aliens in removal proceedings, and individuals who are not eligible for release on security grounds or on certain criminal grounds (8 C.F.R. § 1003.19(h)(2)(i)).
As EOIR describes, at a bond hearing the judge determines whether the respondent is eligible for bond and, if so, whether release would pose a danger to property or persons, whether the respondent is likely to appear for future proceedings, and whether the respondent poses a threat to national security. Bond hearings are generally less formal than removal hearings, are typically not recorded, and their record is maintained separately. Either party may appeal the judge's decision to the Board of Immigration Appeals (BIA); when the respondent appeals, the judge's decision remains in effect during the review period.
How Much Is an Immigration Bond?
Under INA § 236 / 8 U.S.C. § 1226(a), the bond amount is no less than $1,500, with conditions and security requirements set by the authorities. The specific amount is initially determined by DHS and may subsequently be reconsidered by an immigration judge at a bond hearing (EOIR, Chapter 9.3).
Who Can Post an Immigration Bond?
According to ICE, U.S. citizens, lawful permanent residents, law firms, and nonprofit organizations may post a delivery bond, voluntary departure bond, or order of supervision bond through CeBONDS. Noncitizens may post a voluntary departure bond or order of supervision bond on their own behalf. Access to banking services is a required condition; ICE describes obligors without such access as having the option of using a surety company — a certified list of which is maintained by the Treasury Department — or turning to community organizations that assist with immigration bonds.
Is an Immigration Bond Refundable?
The bond remains in effect until ICE issues Form I-391 (Notice — Immigration Bond Cancelled). If ICE determines that the obligor has substantially failed to meet the bond's conditions, the obligor receives a breach notice (Form I-323) and the bond deposit is forfeited to the government; however, in the case of a cash bond breach, ICE still returns to the obligor any accrued interest on the deposit. For a delivery bond, ICE issues a cancellation notice if, before any breach, ICE retakes the noncitizen into custody, removes them from the United States, or the noncitizen dies.
How Is a Bond Hearing Different from the Removal Case?
According to EOIR (Chapter 9.3), bond proceedings are separate from removal proceedings. Bond hearings are generally less formal, are typically not recorded, and their record is kept separately from the Records of Proceedings in other proceedings. Documents already filed in the removal case must be filed again for them to be considered in the bond proceeding.