Immigration detention is a serious matter that must be treated swiftly and with some measure of skill. When a person is being held on an immigration detainer, you need to find out what you can do about it. One of the top priorities will be getting the person out of jail. In most cases, this requires you to post a bond.
In order to get a bond, you will likely have to ask for one. A bond is a monetary surety that you will appear for future court dates. You have to go to all hearings in the case through the final disposition. It is sometimes possible to be released on your own recognizance, which means that you don’t have to post bond but you do have to agree that you will attend hearings. Typically, this “OR” release is reserved for people who have special conditions, such as a pregnancy.
If you are granted a bond, someone will have to go pay it for you. It must be paid at an ICE office. You can’t pay cash. A check or money order must be made out to the Department of Homeland Security. The person paying will also need photo identification and be of legal immigration status.
Not everyone will be able to secure a bond for release from immigration detention. If you were apprehended at the border or an airport or if you were previously deported, you probably can’t get one. The same is true if you have certain criminal convictions or are considered a terrorist.
There are many factors the court will consider when you are asking to be released. Make sure that you converse with your attorney about the factors that impact your case so you know how to address those.