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 alien. The alien (anyone physically present in the United States who is not a United States Citizen (USC). If an alien’s presence is not lawful (e.g., authorized by either an immigrant or nonimmigrant visa), ICE may arrest him/her and place him/her in removal proceedings (defined below).
Executive Office of Immigration Review (EOIR). An agency within the Department of Justice (DOJ) which hears and decides cases alleging that an alien’s presence in the United States in unlawful. It consists of (1) the immigration courts presided over by an immigration judge (IJ); and (2) the Board of immigration Appeals (BIA) which rules on appeals from decisions by an IJ.
The obligor. A person (e.g., a relative or a friend) who arranges for the posting of an immigration delivery bond either in cash directly with ICE, or through a surety company, by paying a fee and posting collateral with the surety company.
Surety company. A company approved by the United States Department of Treasury can help you with the immigration bond process. They can post delivery bonds to secure the release of an alien whom ICE has placed in detention pending removal proceedings.
While not necessarily defined as players in the process, there are two other items that are important to the immigration bond process. These include Removal Proceedings and the Immigration Delivery Bond (Delivery Bond). Both of these important items are described below.
- Removal Proceedings. Proceedings before an IJ to determine if an alien’s presence in the United States is lawful or unlawful. These proceedings are civil, not criminal.
- Immigration Delivery Bond (Delivery Bond). A civil bond which secures an alien’s release from ICE detention pending his/her removal proceeding in return for a promise that the alien will appear in response to a surrender demand (I-340) from ICE to the bond’s obligor.
As always, if you have any questions regarding the immigration bond process, you can call the Center for Immigration Assistance at (844) 910-2342 or you can contact us. Alternately, you can also visit the ICE website.