Types of Immigration Bonds Explained: Delivery vs Voluntary Departure

When a loved one is detained by Immigration and Customs Enforcement (ICE), understanding the different types of immigration bonds is essential for securing their release. Each type of bond serves a different purpose and has specific requirements and consequences.

This comprehensive guide explains the main types of immigration bonds and helps you determine which option may be right for your situation.

What is an Immigration Bond?

An immigration bond is a financial guarantee that ensures a detained individual will appear at all scheduled immigration court hearings. Unlike criminal bail bonds, immigration bonds are handled by ICE and immigration judges rather than the criminal justice system.

The bond amount serves as collateral—if the person fails to appear at their hearings, the bond is forfeited. If they comply with all requirements, the bond is returned at the conclusion of the case.

Delivery Bonds (Most Common)

A delivery bond is the most common type of immigration bond. It allows a detained individual to be released from custody while their immigration case proceeds through the court system.

How Delivery Bonds Work

• ICE or an immigration judge sets the bond amount
• The full amount must be paid before release
• The detained person is released pending their court hearings
• They must attend all scheduled immigration appointments
• The bond is returned when the case concludes (minus any fees)

Delivery Bond Requirements

To be eligible for a delivery bond, the individual must:

• Not be subject to mandatory detention
• Not be considered a flight risk
• Not pose a danger to the community
• Not have a prior deportation order

Voluntary Departure Bonds

A voluntary departure bond is less common and serves a different purpose. This bond is posted when an individual agrees to leave the United States voluntarily within a specified time period, usually 60 to 120 days.

How Voluntary Departure Bonds Work

• The individual agrees to leave the U.S. by a specific date
• A bond is posted to guarantee departure
• If they leave within the deadline, the bond is refunded
• If they fail to depart, the bond is forfeited

Benefits of Voluntary Departure

• Avoids a formal removal order on your record
• May preserve future immigration options
• Can avoid bars on re-entry that come with removal orders
• Allows time to arrange personal and financial affairs

Risks of Voluntary Departure

• Must actually leave by the deadline or face serious consequences
• Failure to depart results in a 10-year bar on certain immigration benefits
• Bond is forfeited if departure deadline is missed
• Not appropriate if you have viable defenses to removal

How to Pay an Immigration Bond

There are two primary ways to pay an immigration bond:

Cash Bond (Direct Payment to ICE)

You can pay the full bond amount directly to ICE at any ICE field office. Key points:

• Must be paid in full with cash, money order, or cashier's check
• Personal checks and credit cards are not accepted
• The bond is fully refundable if all conditions are met
• Processing can take several months after case conclusion

Surety Bond (Through a Bond Company)

A licensed immigration bond company posts the bond on your behalf. Key points:

• You pay a non-refundable premium (typically 15-20% of bond amount)
• Faster processing and availability
• Good option if you can't afford the full bond amount
• May require collateral in addition to the premium

Who Can Post an Immigration Bond?

Immigration bonds can be posted by:

• U.S. citizens
• Legal permanent residents (green card holders)
• Licensed immigration bond companies
• Any person with a valid Social Security number and legal status

What Happens If Someone Doesn't Appear?

If a person released on bond fails to appear at their immigration hearing:

• The bond is forfeited—you lose the entire amount
• A removal order may be issued in absentia
• The person may be ineligible for bond in the future
• It becomes much harder to reopen the case

Bond Refund Process

Getting your bond money back after a case concludes requires patience:

1. Case conclusion: Wait for the final order from the immigration judge
2. ICE notification: ICE sends Form I-391 (Notice of Immigration Bond Canceled)
3. Submit claim: Complete and submit Form I-395 (Bond Refund Request)
4. Processing: Refund processing typically takes 2-6 months

When to Seek Legal Help

Navigating immigration bonds can be complex. Consider consulting an immigration attorney if:

• ICE has denied bond or set an unreasonably high amount
• Your loved one has a criminal history
• There's a prior deportation order
• You're unsure which type of bond is appropriate
• You need help with a bond hearing

An experienced attorney can advocate for bond eligibility, argue for a lower bond amount, and help navigate the complexities of the immigration system.