Criminal Bail Bonds with ICE Detainers

We live in an interesting time in an even more interesting market. While the economy is in ruins, people are still getting arrested.  Often times, a consumer will need assistance with immigration bonding issues.  There a couple of important factors that all consumers should know in regards to immigration holds and immigration bonds.   If a person commits a crime and is not a citizen, the criminal bail bond may come attached with an ICE (Immigration and Customs Enforcement) detainer. If you pay a criminal bond for a detainee and they have an ICE hold, they will be picked up by ICE subsequent to posting of the criminal bond.  Immigration bonds are extremely risky and in most cases require full collateral.  So when you encounter a criminal bond with an immigration hold, think twice before paying the bond.  If you do a little homework, it will certainly go a long way.  Unfortunately, most ICE offices will not address the hold until the criminal bond is paid or the case is resolved. This makes it extremely difficult to move forward with posting of the criminal bond because there is no way to tell for sure that the detainee will be eligible for an immigration bond.  The following are some of the questions you should ask yourself prior to moving forward with posting of the criminal bond:

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


Action Immigration Bonds & Insurance Services, Inc.