Immigration Bond: What Happens After an Order of Removal?

In the world of immigration detention and release, an Order of Removal is issued when an immigration judge has made a determination that an alien is to be removed from the country.

Once an order of removal is final, it goes to Immigration and Customs Enforcement for execution. For those aliens whom Immigration and Customs Enforcement (ICE) has released pursuant to a surety delivery bond, ICE sends a Form I-340 (surrender demand) to the surety company specifying a time, date, and place at which the alien is to surrender for execution of the order. The surety company will send notice of this demand to the person (typically the family or friends of the alien) who secured posting of the bond. Some sureties utilize software tools in order to send notifications to both the alien and the individuals who have taken financial responsibility for their release. These notifications are extremely effective at letting aliens and the indemnitors know when court dates are scheduled as well as payments if they decided to utilize a payment plan with the immigration bonding agent.

Failure of the alien to surrender as specified in the I-340 will result in ICE’s sending a Form I-323 (Notice of Breach) to the surety. The surety has 30 days to appeal this breach determination. If either it fails to do so, or the appeal is dismissed, ICE declares the breach to be final and sends it to a finance office for collection of the penal amount of the bond.

The effect of this procedure on the friends and family of the alien who arranged for the posting of the bond is that he/she will forfeit the collateral he/she placed with the surety company to secure the posting of the bond. I.e., if you arranged for the posting of an immigration delivery bond, it is your responsibility to ensure that the alien complies with all ICE surrender demands. If you fail to do so, you will lose whatever collateral you posted with the surety.

Similarly, if the family of the alien had posted the full amount of the immigration bond in cash directly at one of the 137 ICE-ERO facilities that allows that, when the immigration judge issues an order of removal and the alien cannot be located, they would lose that cash.

If you have any questions, you can fill out our contact form or call us at (844) 910-2342.

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Author: Doug Wood

Mr. Wood grew up in the Tidewater (Norfolk/Virginia Beach) area of Virginia. After earning a BA in History from the College of William and Mary in 1963, he attended the Naval Officer Candidate School in Newport, Rhode Island. He received his commission in March, 1964, and went on the serve five years on active duty. He then enrolled in the Marshall-Wythe School of Law at William and Mary, and graduated in 1972. Mr. Wood spent his legal career with a variety of federal government agencies. The last 11 of this were with the (then) Immigration and Naturalization Service. For the last five of these years he was the lead attorney on all matters relating to immigration bonds. Upon his retirement in 2001, he began a career as a consultant to a number of immigration bond companies. Although retired from the bar, he continues to provide consulting services to immigration bond companies around the country. View all posts by Doug Wood