Immigration bail bond

A bail is a payment or deposit of money used as a guarantee to release a detained immigrant. By paying the bail, an expectation is created that the immigrant, now released, will appear for their removal process before an Immigration Judge.

The agency responsible for detaining immigrants is the Department of Homeland Security (DHS). They are in charge of determining which detained individuals will be granted bail for release and the amount to be paid. The law establishes that bail should not be less than $1,500 but does not have a maximum limit. If the detainee disagrees with the bail offered by DHS, they can request a review before an Immigration Judge. However, despite the aforementioned process, in many cases, DHS does not offer bail and places the detainee in removal proceedings directly before the Judge without initially providing bail. In such situations, the detainee will only have the opportunity to request bail before the Judge. 

The bail can be paid by any person who is at least 18 years old and has legal status in the United States. Typically, many individuals and family members contribute money to pay the bail. The important thing is that the person making the deposit meets the age and legal status requirements.

When granting bail, DHS officials and the Immigration Judge base their decision on the following three elements:

1. Whether the detainee represents a flight risk and the likelihood of them attending their future immigration court hearings.
2. Whether the detainee poses a danger to the community.
3. Whether the detainee has a remedy in their removal process.

The granting of bail does not imply that the immigrant has completed their immigration process. On the contrary, being granted bail means that the immigrant has been placed in removal proceedings before a Judge, and the bail serves as a guarantee of their appearances.