Florida Immigration Bond Lawyers Helping Secure Release
Immigration and Customs Enforcement is a highly motivated arm of the immigration service in the U.S. They detain and deport people who they believe are threats and are aggressive in their work. However, that aggressive action can put people you love in jeopardy, and if you want to help them, you can reach out to us.
At Dubrule & Nowel, PLLC, we are immigration bond lawyers located in Florida. We understand how aggressive ICE can be, and we know their wide net picks up people from many walks who normally wouldn’t be on their radar. We can help you take action to help get your loved ones released with the use of immigration bonds.
Delivery Bonds Vs. Voluntary Departure Bonds
The bonds available to secure the release of someone in ICE custody fall into two major categories:
- Delivery bonds: A bond that allows a person to leave custody on the condition that they are present at all further proceedings.
- Voluntary departure bond: Bonds that are given to immigrants who will voluntarily, and at their own expense, leave the country.
As with normal bonds, someone must put up the price of the bond, which is held until the subject of the bond completes all the necessary actions.
Bond Eligibility
Not every person detained by ICE qualifies for a bond release. The Judge will not provide the opportunity to pay for a bond if they believe that the detainee:
- Is a flight risk
- Is a danger to the community
- The chances of winning the immigration case is low
However, if your loved one is able to prove that they are not going to leave the area or flee from ICE, that they are not a source of danger to the community, and otherwise our case on their behalf is strong, a bond is likely to be issued.
How Bond Costs Are Calculated
Immigration bond amounts are set at the discretion of the judge based on several factors, such as the person’s flight risk and their potential danger to the community. Other variables like ties to the community or testimony to the persons’ character can also impact these amounts. The typical amount of a bond can range considerably, with a Departure Bond often being set at $500 to a delivery bond being set at $10,000 or more.
Answers To Frequently Asked Questions About Immigration Bonds
Dealing with ICE detention brings up numerous complex legal questions and uncertainties during an incredibly stressful period for your family. We provide clear, straightforward answers below to help guide you through each stage of this challenging process and make fully informed decisions. Understanding these key legal details and potential bond outcomes helps you prepare for the critical road ahead.
How much does an immigration bond typically cost in Florida?
The statutory minimum for an immigration delivery bond is set by federal law at $1,500, while voluntary departure bonds start at $500. In Florida immigration courts, actual bond amounts could range between $5,000 and $15,000 depending on the specific circumstances of the case. Immigration judges may evaluate several factors to set the final figure, including length of residency, family ties in the United States, employment history and prior criminal record.
Unlike standard state criminal bail bonds where a bail bondsman typically charges a nonrefundable 10% fee, immigration bonds paid directly to Immigration and Customs Enforcement must be paid in full upfront. If you choose to use a private licensed immigration bond company, they can generally charge a fee between 15% and 20% plus require property or cash collateral. The full bond amount held by the government might be refunded at the end of proceedings provided the detainee attends every single court date and fulfills all legal obligations.
How is an immigration bond different from a criminal bail bond?
An immigration bond is an administrative federal bond managed under civil immigration law, whereas a criminal bail bond is governed by state or federal criminal statutes. These two legal systems operate independently under separate judicial authorities and jurisdictions. Criminal bail bonds secure release from local jail after an arrest for a violation of criminal law, while immigration bonds help secure release from federal ICE detention facilities.
The mechanics of payment could also differ significantly between the two systems. In the Florida criminal system, defendants routinely hire commercial bail bondsmen to pay a fraction of the total bail amount. Federal immigration bonds require either paying 100% of the bond amount directly to ICE via money order or cashier’s check, or using a specialized federal immigration bond sponsor. Additionally, violating a criminal bail bond may lead to state arrest warrants and bond forfeiture, while violating an immigration bond can result in an immediate order of removal and swift federal deportation.
What happens if my family member misses their immigration court hearing while out on bond?
Missing an immigration court hearing carries immediate and severe legal consequences for both the detainee and the person who posted the bond. The immigration judge could potentially issue an in absentia order of removal, which converts the pending case into an active deportation order without the detainee present. Concurrently, ICE might declare the immigration bond breached and seize the entire cash amount posted for release.
The person who posted the bond, known as the obligor, may lose all the funds paid to the government without any refund option. ICE can also issue a federal warrant for the individual’s arrest, making them a high priority for apprehension and immediate removal from the country. Reopening a case after an in absentia order may require filing a complex motion to reopen showing exceptional circumstances such as severe illness or lack of proper legal notice. Taking prompt legal action to file an emergency motion aims to rescind the order before deportation occurs.
What happens after you’re released on an immigration bond?
Upon release from an ICE detention center, the individual receives legal documents outlining the conditions of their release and their upcoming court dates. They must strictly comply with all mandatory reporting conditions, which might include periodic check-ins at a local Enforcement and Removal Operations field office or wearing an electronic monitoring device. Failure to meet these supervision requirements can result in ICE revoking the bond and taking the individual back into custody.
The released individual remains in removal proceedings and must attend all scheduled master calendar and individual merits hearings at the assigned immigration court. It is critical to file a Form EOIR-33 Change of Address within five working days of moving if the individual changes their residence after release. Depending on the underlying relief sought, the individual may also become eligible to apply for employment authorization while awaiting their final court date. Staying out on bond allows the person to remain home with their family, retain legal counsel and gather essential evidence to build a robust defense against deportation. Once all immigration court proceedings conclude and the individual satisfies all court mandates, the obligor can submit a request to ICE which helps secure a full bond refund.
Dedication And Perseverance In Bond Cases
If you need to secure a bond for a member of your family, we can help you with understanding what to pursue and speaking for you in court. Our understanding of the immigration law systems in Florida allows us to advocate for what you need, when you need it. Reach out to us today by phone at 813-736-0043 or send an email using this form.