How does the immigration bond process work?
One of the most commonly asked questions I hear is “how does the immigration bond process work?”
Many people make the mistake of confusing the immigration bonding process with that of traditional bail bonding. While these two processes are similar, they are also very different. In order to clear up any confusion or misunderstanding of the immigration bond process, I have outlined the process in detail in this blog. That being said, you can always still call the Center for Immigration Assistance directly if you have any specific questions, (844) 910-2342.
The Players in the Immigration Bond Process.
As you can probably tell, there are multiple players and stakeholders involved in the immigration bond process.
Understanding the roles of each of these players and how they interact and relate to each other will only help you better understand and navigate the world of immigration bonds. A description of each of these key players in the immigration bonding process is as follows:
- Immigration and Customs Enforcement (ICE). ICE is the agency within the Department of Homeland Security (DHS) charged with enforcing United States immigration laws within the country.
The Importance of Immigration Form EOIR-33.
There are many forms and documents involved in the immigration process. Each immigration form has a specific purpose and role in ensuring that alien’s are released in the most informative and responsible way possible. One of these forms is the EOIR-33 form. A detailed description of this important and essential immigration form is provided in the following paragraphs.
When Immigration and Customs Enforcement (ICE) arrests an alien because it believes that he/she is in the United States illegally, it has 48 hours to decide whether there is prima facie evidence to justify this allegation, via Immigration Form EOIR-33. 8 C.F.R. 287.3(b).
Getting Started: Need to Get Someone Out of ICE Custody?
One of the most commonly asked questions in the immigration bond world is the most obvious one, where do you start?
As you can imagine, most families and individuals have no idea what to do should they or a loved ever get detained. That is why the Center for Immigration Assistance focuses its website on providing information to families who are navigating the complex work of immigration. It is why I have written this blog post on where to get started if you need to get someone out of ICE custody.
Release on a Surety Bond
One of the most effective and efficient ways to release an alien from an immigration detention facility is through a bonding agent and the posting of a surety bond. This process requires that you provide a list of important information to the bonding agent.
Immigration Bond: Master Calendar Hearing
As indicated in previous blogs, the first step in a removal proceeding is a Master Calendar Hearing. This hearing is typically a short preliminary hearing and is usually recognized as the beginning step in the process of removal. This hearing and all other proceedings in the removal proceeding are scheduled by the immigration court, not Immigration Customs Enforcement (ICE). Notices of all hearings will come directly from the immigration court.
Immigration Process: The Individual Hearing
Another type of hearing that occurs in the immigration process is the Individual Hearing.
Assuming that the alien’s case is not resolved at a Master Calendar Hearing (e.g., because the alien admits the veracity of the charges in the Notice To Appear), the immigration court will schedule an Individual Hearing. These hearings are similar, but not identical, to trials in a civil or criminal proceeding. The parties to the proceeding are the alien and ICE. An IJ presides over the proceeding. After confirming that the alien’s name and A-Number are correct, the IJ verifies that ICE has served the Notice To Appear (NTA) on the alien. If the alien had not already pleaded to the charges in the NTA, the IJ has the alien do so. I.e., the alien must either admit or deny each factual allegation in the NTA, and then concede or deny deportability. The IJ also permits the alien to designate the country to which he/she wishes to be sent should the proceeding result in an order of removal.