An immigration bond is a type of Federal Civil Performance Bond. A Criminal Bail Bond is a contract between an Insurance Company (the obligor) and its agent (the co-obligor), the principal (defendant) and the State in which the contract is executed. The obligor/ co-obligor guarantees the State that the defendant will appear for all court hearings until a disposition is reached on the case. Bail Bonds are regulated by the Department of Insurance of the State in which the contract is executed.

Unlike a criminal bail bond, an immigration bond is a contract between an Insurance Company (the obligor) and its agent (the co-obligor), the principal (alien/ respondent) and The Department of Homeland Security (“the DHS”). The concepts of these two bonds are very similar in nature yet are vastly different in practice. For an immigration bond, the obligor/co-obligor guarantees Homeland Security that a bonded alien will appear for ALL immigration proceedings up until the alien is either deported from the United States, voluntarily leaves the United States, or is granted residency (removal proceedings terminated). An immigration bond is a surety bond often required by the DHS when an alien is detained on suspicion that he/she is unlawfully in the United States. If the immigration bond is posted, the alien is released from the DHS pending determination of his/her immigration status. The bond is issued by a surety, which agrees to pay a penalty in the event the bonded alien fails to appear before the DHS upon a lawful demand. The DHS will only accept immigration bonds from an authorized surety appearing on a federal publication known as “Treasury Circular 570.” The typical federal immigration bonding process is as follows: (1) an alien is detained by the DHS in one state; (2) a hearing is heard before a federal immigration judge in that state to determine whether the alien may be released on bond pending his/her removal from the United States; (3) the alien is directed to contact an authorized bonding company on the Treasury Circular 570; (4) the alien may contact a friend or family member in another state; (5) the friend or family member contacts an immigration bond agent in any of the fifty (50) states; (6) the bond agent issues the bond from the state in which it is located; (7) the bond agent posts the bond in any federal court within the United States; and (8) the regional director of the immigration and Customs Enforcement (“ICE”) Department office releases the alien pursuant to the terms of the bond. Thus, an indemnitor may be located in one state while the detainee is located in another state, and the immigration bond is posted in yet a third state.

The general public, and even many insurance professionals, are not aware that bail bond agents are not authorized to transact immigration bonds. Thus, when friends and family of detained aliens seek an immigration bond, it is very common that they mistakenly visit the offices of a bail agent. When this occurs, the bail agent will typically refer such persons to a company authorized to transact immigration bonds. My agency, Action Immigration Bonds & Insurance Services, Inc., has developed relationships with bail agents across the country in the hopes that such referrals will be made in favor of Action.

My agency has been successful in obtaining immigration bond referrals due to the quality of its service and because of a unique feature of its program. Action, unlike most immigration bond producers, accepts available credit card balances as security for the bond. As such, bond indemnitors are not required to use their homes as collateral to secure the release of the detainee. This has proven to be an invaluable alternative to those who are afraid of losing their homes or who do not have real property with which to secure a bond. Action believes that its success is due in large part to this option, which is not offered by its competitors.

There exists a Federal Statute that sets forth regulation of the Insurance Company acting as the obligor. As long as an insurance company is on the Federal Treasury List (T-listed), they have the authority to execute (post) Federal Immigration Bonds. The Federal Bond Law establishes which sureties may issue federal civil immigration bonds, and the mechanisms by which surety bonds may be issued. See 31 U.S.C. § 9304(a). The federal government has, thus, evidenced its intent to regulate the field of immigration bonds and it cannot be disputed that immigration itself is exclusively a federal question. State laws cannot, directly or indirectly, interfere with or impact the federal government’s authority over the detention or deportation of aliens. See, e.g., Hines v. Davidowitz, 312 U.S. 52, 62-68 (1941). Herein lies the conflict.

Many States such as California to name one, insist on reverting to their State Insurance Law to enforce the transaction and sale of the immigration bonds. These “rouge” States attempt to supersede Federal Law as is the case with many other industries. It is unfortunate that the consumer bears the ultimate burden of these States’ ignorance of Federal guidelines. It is the belief of my agency that the Federal Laws as well as the Insurance Code of the resident State of the producer are applicable. Much can be contested on this issue and for further information, please read more under Gonzales & Gonzales v. Action International Insurance, a lawsuit initiated by a competitor of Action in an effort to protect a fifty year monopoly of the immigration bond market on much of the West coast. Since the resolution of this lawsuit, Action has resurfaced as the most reputable, lowest cost provider of immigration bonds in the United States. I have taken it upon myself to help educate the Nation on the immigration bond industry and I will continue to post my thoughts on this matter as often as possible.

Jeremy Wolf

CFO Action Immigration Bonds & Insurance Services, Inc.

http://www.immigration-bail-bonds.com/

Question: Do I have collateral?
Unlike a state criminal bond, an immigration bond is a federal civil performance bond.  Most immigration bonds remain active for several years and in some cases, these bonds can remain active for decades.  Any agency that writes immigration bonds will need to have excellent collateral in order to post the bond. Beware of companies that offer 50% down as collateral and especially companies that charge annual renewal premiums.  That may end up costing thousands of extra dollars to the consumer.  So always be sure to ask the right questions.

Question: Does the person detained have any status in the United States?
It is important to ascertain as to whether or not the detained alien has any kind of status in the United States.  For example, the alien can be here on a visa, be a permanent resident, or have no status in the United State at all.  These factors will greatly determine the amount of bond and whether of not the detained alien will even be granted a bond.

Question: Has the person detained ever been convicted of any crimes?
Generally speaking, a non-citizen that is convicted of an aggravated felony is automatically ineligible for an immigration bond.  In many cases, an individual may be charged with a crime but have a clean criminal history.  In those instances, the detainee should be granted an immigration bond. The nature and severity of the charges will most likely reflect upon the amount of the immigration bond.

It is important to take into account all relevant factors prior to making the decision to post a criminal bond with an immigration hold. I have listed several different scenarios in this article that you may encounter. When in doubt, it never hurts to contact an expert, and my door is always open.

Jeremy Wolf

CFO

Action Immigration Bonds & Insurance Services, Inc.

http://www.immigration-bail-bonds.com/

An immigration bond is a type of surety bond used to secure the release of a person living unlawfully within the United States from the custody of Homeland Security.  A surety bond is very similar to that of an insurance contract.  In an insurance contract, there are two parties; the insurer and insured.  A surety bond is issued by one party (the obligor) and is a promise to pay another party (the obligee) a certain amount if a third party (the principal) fails to meet some obligation, such as fulfilling the terms of a contract. The surety bond protects the obligee against losses resulting from the principal’s failure to meet the obligation.  In the case of an immigration bond, the obligor is the surety or insurance company, the obligee is the US Department of Homeland Security and the principal is the alien being detained.

The immigration bond, also known as ICE Form I-352, has four distinct types.  They are G (1) Delivery Bond (Bond Conditioned upon the Delivery of an Alien); G (2) Public Safety Bond (Bond That Alien Shall Not Become a Public Charge), G (3) Voluntary Departure Bond (Bond Conditioned upon the Voluntary Departure of An Alien) and G (4) (Order of Supervision Bond; OSUP).  A delivery bond is the most common of these three bond classes and is ultimately used as a tool to ensure that if and when an alien is ordered deported, they comply with that order.   The G (1) Delivery Bond represents a large proportion of all immigration bonds posted.  A public safety bond is ultimately used to ensure that if a bonded alien accepts any form of public assistance, the government is reimbursed.  A voluntary departure bond is used to ensure that an alien that is granted voluntary departure returns to his/ her home country in accordance with the conditions set forth in the court order.  Under an order of supervision bond, the alien is required to check in with Enforcement and Removal Operations (ERO) whenever required.

An immigration bond is a unique type of surety bond known as a federal civil bond.  Federal means that this class of bond is regulated by the Federal Government and civil means that no crime has been committed.  Living unlawfully within the United States is not a criminal offense and while one can be detained for living unlawfully in the US, they cannot face a criminal charge for being in the US illegally.  Now if someone living unlawfully within the US commits a criminal offense, then not only will they go to jail and have to deal with the repercussions of their actions, they will be facing deportation from the US once their criminal case is resolved.

The fundamental purpose of an immigration delivery bond is to execute a final order for deportation issued by an immigration judge.  A person living unlawfully within the US that is released on an immigration bond will be allowed to remain in the United State spending the outcome of their case.  If the immigration judge decides the alien has no basis to stay in the US, they will be ordered deported back to their native country.  The immigration delivery bond is the tool used to ensure that a person ordered to leave the country complies with their obligation.  Many people think that the primary purpose of the immigration bond is to ensure that the bonded alien appears in court.  While that is part of their obligation, failing to appear for a court date cannot directly result in a breach of bond.  If an alien fails to appear in court, immigration will issue an I 340 (Notice To Appear) to the obligor (surety) demanding that the obligor surrenders the alien into the custody of Homeland Security on a certain time and date.  If the obligor fails to produce the alien, they will be forced to pay Homeland Security the penal sum of the bond.  This scenario is not typical because almost all aliens out on bond appear for their court date.  After all, in most cases they want to stay in the United States.  Herein lays the biggest misconception pertaining to immigration bonds.  When an alien is ordered deported, they are not taken straight from the courtroom and deported.  Quite the contrary, they are allowed to leave the court freely and are given time to appeal the decision of the court.  If they choose not to file an appeal or do so and are unsuccessful, guess what comes next?  That’s right, you guessed it; an I 340 for surrender.  In many cases, the obligor will not even receive the I 340 for surrender for months and sometimes even years after the judge’s final order.  At this point, the bond is at its greatest risk of being breached.  What if the alien that was ordered deported doesn’t want to leave the country?  It is the obligor’s responsibility to ensure that the alien does in fact surrender to be deported on the date and time specified on the I 340.  If the obligor does not produce the alien, they will be forced to pay Homeland Security the dollar amount of the bond.

Jeremy Wolf

CFO

Action Immigration Bonds & Insurance Services, Inc.

http://www.immigration-bail-bonds.com/

There is no universal set premium rate for an immigration bond. While the Federal Government ultimately regulates the laws pertaining to these bonds, the premium charged for these bonds is actually regulated by the State in which the contract is executed. In order to post or put up an immigration bond, an agent or agency must be appointed as the attorney-in-fact for an insurance company published in the United States Department of Treasury Circular 570. In other words, the insurance company has credit with the United States Government and is authorized to issue immigration bonds. An insurance company that transacts immigration bonds must file for a premium rate in each State it intends to conduct business. Once the State approves the insurance company’s rate filing that is the rate they must charge to all clients in that particular State. What this means is quite simple; different insurance companies have different premium rates for immigration bonds. This is exactly what many consumers don’t understand and because of this, they ultimately end up paying excessive premiums on these bonds. Company A may charge a renewal premium each year meaning that every year the case goes on, the consumer must pay a new premium. Company B may charge a one-time premium and Company C may charge something else. Some companies even impose a minimum number of years their contract is valid. So, even if the case ends before one year, the consumer must still pay another year’s premium. Immigration bonds typically remain active for several years and in some rare cases have even been known to remain active for so long that a consumer may end up paying the entire amount of the bond (and possibly more) in renewal premiums!

The point here is simple, always ask the agent that you are dealing with these 3 Questions:

1. Is there an APPLICATION or IMPLEMENTATION FEE and is it REFUNDABLE?
2. Do they charge a “FIXED FEE” or “PERCENTAGE” of the amount of the bail?
3. How are RENEWALS CHARGED FOR and is there a minimum required?

In times of desperation, consumers will sign documents without first having read them or without first having been properly explained the terms and conditions of the contracts. Always be sure to read through every document you intend on signing and if something is unclear or does not make sense, don’t be afraid to ask. For more information regarding immigration bonds, you can contact an immigration bond expert for free advice at  800-940-8889 or email Jeremy@actionbail.com or visit us at http:www.immigration-bail-bonds.com

Being in the United States illegally is not, however, the only reason that you might find yourself in a removal proceeding. You might be in the country legally but have been convicted of one of the many criminal offenses that provide a reason for removal. You might also be here legally but have been unable to provide proof of your status at the time of your arrest.

It is probable that the person or persons making this arrest were officers of Immigration and Customs Enforcement (ICE). ICE is an agency of the Department of Homeland Security (DHS), charged with enforcing certain immigration laws such as the ones that can make an alien subject to removal. Please note that the term “arrest” in this context does not relate to a criminal proceeding. Removal proceedings are civil rather than criminal. In other words, the alleged immigration law violation which is the reason you find yourself in a removal proceeding is not a crime.

If an ICE officer arrests you, he/she will almost certainly transport you to a detention facility. This facility may be operated by the federal government, a local government, or a private contractor. Several things will happen while you are there. ICE will serve you with a Notice to Appear (NTA). This document will list the specific immigration law(s) the government is alleging that you have violated. It may also set forth the date, time, and place of your first hearing before an IJ. Unless one or more of your alleged violations makes you subject to mandatory detention, ICE will set a bond amount (usually $5,000-10,000). The formal name for this bond is an immigration delivery bond.

The amount of the bond is referred to the penal amount. It is the amount which either you or someone acting on your behalf must post with ICE to secure your release from the detention facility. There are two ways in which someone may post an immigration delivery bond. The first is with cash directly to ICE. Under this method the bond is a contract between the government and the person posting the cash. The second method is indirectly through a surety agent. In this method there are two contracts. The first is between you or the person acting on your behalf and the surety agent, and the second (the actual bond contract) is between the surety agent and the government. In the first, the surety agent will charge a nonrefundable premium and require some form of security (e.g., cash or a lien on real property). Action Immigration Bonds is an example of a surety agent which posts immigration delivery bonds.

Once the bond is posted, ICE will release you from custody. Your removal proceeding, however, is just beginning. At the time of your release, ICE will require an address at which you can be contacted. It is extremely important that you provide an accurate address and update it as necessary. This address is the one to which the government will send notices such as ones about immigration court hearings. If you fail to show up for a hearings, the IJ can enter an in absentia order of removal. Immigration courts are part of the Executive Office of Immigration Review (EOIR), an agency of the Department of Justice (DOJ).

Your first immigration court hearing will be similar to an arraignment in a criminal case. It is called a master calendar hearing. At this hearing the IJ will read the government’s allegations of immigration law violations that make you subject to removal. If you do not understand English, the court will provide an interpreter. You can either admit or deny these allegations. If you admit them, and do not seek some form of relief, the IJ will immediately enter an order of removal. If you either deny them, or petition for some form of relief, the IJ will schedule your case for a hearing on the merits.

You are entitled to have an attorney represent you during an immigration court proceeding, but only at your own expense. Unlike criminal proceedings, there is no requirement that the government provide attorneys for persons in immigration court proceedings who cannot afford one. If you have an attorney, the government will send all notices of hearings to him/her. You can also track your case through the EOIR Hotline. Call 1-800-898-7180 and follow the prompts.

If the IJ rules that you are not subject to removal (i.e., you win your case), the government is required to cancel the immigration bond. The person who posted it, regardless of directly with ICE, or indirectly through a surety agent, will be entitled to the return of his/her security. If the IJ awards you some form of relief from removal, the government may be required to cancel the bond. If, however, the IJ enters an order of removal, the government will at some later date seek to execute that order by making a surrender demand (Form I-340) to the person or company with whom it has a bond contract.

That demand will specify a date, time, and place for you to surrender into ICE custody. If you comply with this demand, the government must cancel the bond. If, however, you do not comply, the government will declare the bond to be breached and initiate an administrative process to collect the penal amount of the bond from the person or company with whom it has a bond contract. If that party is a surety agent, the agent will pay the penal amount and then execute on the security. Thus, if one of your relatives used his/her house as security, he/she could lose that house if you fail to surrender as demanded.

CAUTION: No one should rely on the above discussion in lieu of obtaining legal advice based on the specific facts of the individual case. It is merely a general summary of what someone in removal proceedings can expect.

Once the documents are in place, our Specialist will start filing the paperwork by fax or email, or send someone to you in person to finish the process and get the immigration bond in place. In many cases everything is completed in 24 hours and the person in jail is set free.

Call 1-800-940-8889 for help now.

Once the file number is assigned, the detainee will be served a Notice To Appear to sign, and the form will include information such as the detainee’s name, the eight-digit file number, and any allegations or violations. The detainee will also get a Notice of Custody Determination to sign, and the bond amount may be indicated. Whether a bond amount is indicated or is not, call us at 1-877-467-1150 and we can answer your questions regarding the immigration bond amount.

The fee for the immigration bail bond needed to release the detainee is set by the Department of Homeland security, and Action Immigration Bonds’ staff will help you find out the exact amount. Then, we work with you to arrange the immigration bond so it can be posted and your loved one can be released.

Refundable Application Fee. Action is the only Immigration Bond with a FIXED Renewal Fee, unlike our competitors that charge a percentage of your bond.

Call Toll Free: 1-800-940-8889

If you need to arrange an immigration bond for someone, what likely has happened is the Department of Homeland Security or Immigration Customs Enforcement has taken that person to a federal law enforcement station for processing and booking. Our staff works fast by asking specific questions regarding your friend or loved one, filing the proper paperwork and getting an immigration bond arranged so your loved one can come home the same day you call.

It is important to act quickly to arrange an immigration bond—that’s why Action Immigration Bonds and Insurance Services is always open and ready to answer your call. Read the real-life stories from among the many people we have helped in our 35 years of business.

Action Immigration Bonds is the Home of the NO ANNUAL RENEWAL FEE IMMIGRATION BOND. That means you pay the lowest price available on your Immigration Bond. WE BEAT ALL COMPETITORS and can SAVE YOU $1,000’s OF DOLLARS!

Q. What are the release options when someone is arrested?
A. There are basically 5 forms of release options available today. They are:

1. Surety Bond
   This process involves a contractual undertaking such as the one explained above involving a Bail Bondsman, an Indemnitor and the Court. The Courts tend to favor this form of release because it guarantees that if the defendant fails to appear in court, someone (the Bail Agent) will immediately make an effort to find the defendant, apprehend him/her, and bring him/her back to the court of proper jurisdiction. By involving family and friends of the defendant, a Bail Bondsman and the Courts are reasonably assured of the Defendant’s appearance.
2. Cash Bail
   Cash bail means that the person who is trying to obtain the release of the defendant must deliver the full amount of bail in cash to the jail facility where the defendant is being detained.
3. Property Bond
   Property Bonds involve the placing of local real estate (homes only, no raw land or out of state homes) with the Courts as security for the release of a defendant. This process typically takes one to two weeks because it requires a Judge’s approval, a property appraisal, a comparable sales comparison, and the Clerk’s acceptance. However, most states do not accept property bonds.
4. ROR (Release on Own Recognizance)
   Release on Own Recognizance is another method of release and it is given to defendant’s who have been in the community for many years, have solid jobs, strong family and community ties, and present little or no risk of flight. This release program is usually administered by a county agency or through a local law enforcement agency. A criminal history background check is performed and a recommendation is given to the court based on those findings. This form of release is common only for first time offenders and for non-violent offenses. Since there is no financial or other security placed with the court to insure the defendant’s return to court, there is little incentive for them to appear.
5. ELMO and Pre-Trial Services
   ELMO stands for ELectronic MOnitor, and is usually a condition of release in addition to a regular bail bond. The ELMO program is administered either by the local Pre-Trial Services Agency or the local law enforcement agency. This device is usually in the form of an ankle bracelet. It sets off an alarm if a person strays too far from its base located within the defendant’s home.

Q. How much does a bond premium fee cost?
A. In most states, immigration bail bond premium fees range from 15%-20% of the total bond amount. Action Bail Bonds also provides state court bonds and Federal bonds, usually with premiums in the range from 10 to 15 percent.

Q. Is the premium (the immigration bail bond fee) refundable?
A. No. The bail bond fee is fully earned once the bond is posted for the defendant and he/she is released or transported to another facility.

Q. How is the entire bond fee guaranteed?
A. The Indemnitor pays the bond premium fee and puts up collateral to guarantee the entire bond amount. For example, say the bond amount is $10,000, and the premium bond fee is 15%, or $1,500. The $1,500 must be paid for the bond to be posted and the defendant released from jail. Be aware than the entire $10,000 fee set by the court is due in full if the defendant does not show up for the court date. That is why collateral is needed.

Q. What is collateral?
A. Collateral is anything of value that is placed with the bail agent as security for the bond.

Q. What can be used for collateral?
A. Collateral can be your home, rental property, land, cash, bank CDs, stocks, bonds, credit cards, boats, airplanes, helicopters, motorcycles, expensive cars and other high-priced items.

Q. When do I pay the premium bond fee?
A. The premium bond fee is due after the bond paperwork has been completed.

Q. When is the collateral returned?
A. The collateral is returned once the bail agent receives a Bond Discharge from the court. A “Bond Discharge” is the document that officially releases the bail agent from any further responsibility on the bond. It usually takes 7-10 days for the bail agent to get the discharge once the case is over.

Q. How long does it take to get released from jail?
A. That really depends on what location the person is being held.

• Immigration facilities—about six hours
• City jails—about an hour
• County jails—about two to eight hours
• Federal facilities—two to three hours

No matter how long it takes, Action Immigration Bonds will be monitoring the process to insure the fastest release possible.

Q. How do I know when the Defendant has to go to Court?
A. All courts notify the defendant by mail of their court dates. As a courtesy, most jurisdictions also notify the bail agent of the court dates, too. This is done either by mail or by phone. In almost all cases, the courts will notify the defendant at least several days before the court date. As the Indemnitor, you will be notified either by telephone or by mail from our office of all court dates that we are given by the courts. It is then your responsibility to make sure the defendant knows about the court date. In addition, during regular business hours either you or the defendant can call our offices and ask if you have any upcoming court dates.

Q. Can I finance part of the bail bond fee?
A. Yes. Depending on your circumstances, we will review with you your particular case and decide how we can best make arrangements for payments.