An Explanation of Immigration Bonds for Detainees in Tennessee
In certain circumstances, individuals detained or arrested by the U.S. Immigration and Customs Enforcement (ICE) agency can be released before their court hearing. To do so, someone must obtain an immigration bond on the detainee’s behalf. ICE can release a foreign national based on his/her own recognizance. Otherwise, the immigration judge or ICE will set an immigration bond amount that must be paid.
The two kinds of immigration bonds
Immigration bonds are available provided ICE doesn’t claim the detainee is a threat to public or national security.
A delivery bond can be granted if there is an arrest warrant and custody conditions are set forth by the immigration judge or ICE. When a relative or friends pays the amount on the immigration bond, the detainee is released into the custody of the person paying the bond. The reasons for obtaining the release of the detainee are to allow the person being charged with immigration violations to consult with a lawyer and to spend time with family. If the detainee does not show up at the hearing(s), the person who paid the bond does not get his/her money back.
Some detainees can be given a voluntary departure bond. This type of bond allows the detainee to leave the United States for a specific period of time. The bond money is returned to the person who posts the bond if the detainee leaves the country. Otherwise, the bond is forfeited.
It is important that people who want to help their detained loved one speak to a qualified Knoxville immigration bond lawyer first.
The cost of immigration bonds
The amount of the bond depends on whether the detainee has employment and family in the United States, whether he/she has a criminal record, and the detainee’s current immigration status. Immigration bonds generally cost between $1,500 and $20,000. Voluntary departure bonds are normally around $500. It can take the government a year or more to return the bond money.
Many times, family or friends of the detainee can’t afford the full amount of the bond. In this scenario, loving family members and caring friends can try to get a surety bond from an immigration bond agent. The person normally puts up 20-30 percent of the bond amount in cash or collateral. The 20-30 percent is not refundable, even if the detainee goes to all the hearings (for delivery bonds) or leaves the country (for voluntary departure bonds).
At LaFevor & Slaughter, our Knoxville immigration lawyers understand how traumatic being arrested or detained by ICE can be. We understand how important it is to be able to speak with your lawyer privately rather than in a confined setting.
We are ready to steer you through this difficult process with the aim of uniting families instead of dividing them. Patrick Slaughter, who handles our immigration cases, is a highly-qualified immigration lawyer with an extensive track record of experience. You can make an appointment to discuss your case by calling LaFevor & Slaughter at 865-637-6258, or by filling out our contact form.
As the Managing Attorney with LaFevor & Slaughter, Jason R. Hines handles new client consultations, strategic planning and implementation and represents clients in all the Firm’s practice areas.
As an attorney practicing law in Tennessee since 2009, Jason has represented clients from all walks of life in a wide range of cases in the State and Federal Courts of Tennessee. His practice areas include divorce, family law and immigration.