How to Pay an Immigration Bond

Posting a Bond

Gather information about the detainee. At a minimum, you need the detainee's full legal name and alien registration number (A#) before you can pay their bond. You also need to locate the detention center where they are being held. Detainees are frequently moved among detention centers, so get the most up-to-date information. Some immigrants are detained by ICE after being arrested for a criminal charge. If the detainee has pending criminal charges, speak to a criminal defense attorney who has experience representing immigrants before you attempt to pay the immigration bond.

Determine if the detainee is eligible for a bond. If the detainee has a history of criminal activity or if they are believed to have committed terrorist activities, the judge may not set a bond. Furthermore, if you enter the US illegally or if you have never had lawful immigration status, you may be refused a bond.

Identify the ICE officer in charge of the detainee's case. Call the ICE Detention Reporting and Information Line at 1-888-351-4024. Live operators are available to assist you Monday through Friday from 8 a.m. to 8 p.m. Eastern time. The line doesn't operate on federal holidays. When you contact ICE and provide the detainee's A#, your call will be routed to the appropriate officer. This officer will have the detainee's case file and information. You can also ask in person. Go straight to the ICE/ERO office and ask about the detainee's case.

Find out the amount of the bond. Bond is either set by ICE or by an immigration judge. The bond will be at least $1500, but can be several thousand dollars depending on the flight risk posed by the detainee and their criminal record. The ICE officer in charge of the detainee's case will be able to tell you the amount of the bond. The bond amount also appears on the detainee's Notice of Custody Determination form. Judges have a lot of discretion in setting bonds. If you believe the detainee's bond is excessive, it may be possible to get another hearing and have the bond amount lowered. Contact an attorney who specializes in immigration law. Many communities have nonprofit organizations with volunteer attorneys to assist immigrants.

Get a cashier's check or money order. To pay an immigration bond, you must use a cashier's check or money order made out to "U.S. Department of Homeland Security." No other methods of payment are accepted. Your name must be listed on the check or money order as the payor. Include the detainee's name and A# on the memo line of the cashier's check or money order.

Notify ICE at least one day before you post the bond. Contact the ICE officer in charge of the detainee's case and let them know that you'll be posting their bond. The officer will arrange for the detainee to be brought in for release when you post the bond. Advance notice gives the officer time to arrange to bring the person in. You won't be allowed to post the bond unless the detainee is present and ready to be released.

Take your payment to the appropriate ICE office. Not all ICE field offices accept bond payments. Visit https://www.ice.gov/ice-ero-bond-acceptance-facilities to see a list of ICE facilities that accept bond payments. Go early in the day as it will take several hours for the bond to be processed. Bring proof of your citizenship or lawful permanent residency, such as a passport, US birth certificate, green card, or permanent residency card. State-issued IDs, driver licenses, and social security numbers do not count as proof. You will have to fill out a form when you post the bond. Hang on to your copy of this form – you'll need it to get your bond refunded. You may have to wait several hours for the bond to process and post successfully. At that point, the detainee will be released to you. If you go first thing in the morning you may have a shorter wait time.

Update the immigrant's address with the court. The immigration court needs an accurate address so they can send notices for hearings. If the immigrant fails to show up for a scheduled hearing, you may not get your bond money refunded. To update their address, the immigrant must fill out Form EOIR-33 and mail it to the appropriate ICE office. You can download a copy of this form at https://www.justice.gov/eoir/form-eoir-33-eoir-immigration-court-listing. Click the link next to the hearing location that is handling the immigrant's case.

Wait at the office until the bond is processed. After posting bond, it can take several hours for the bond to be processed. When they are done, the person being detained will be released, and you will receive a document called Form I-305, Receipt of Immigration Officer. Sign the document, and hold onto it. You will need to show it later in the process if you want to get your bond money back.

Assisting with Immigration Proceedings

Help the immigrant find an attorney. Immigrants who have attorneys have a much greater chance of a successful outcome. Nonprofit organizations in many communities have volunteer attorneys who will represent immigrants in deportation proceedings. Call your local bar association or visit their website to access a directory of local attorneys. Many bar associations also have referral services where you can be matched with appropriate attorneys after answering a few questions about the case. If the immigrant doesn't speak English, look for an attorney who speaks their native language.

Gather documents to support the immigrant's case. Information about the person's character, family, and contributions to the community can be an asset in helping them avoid deportation. Information about the immigrant's work history, including a letter from their employer, can help their case. If they have been paying taxes, help them get copies of their tax returns. If the immigrant owns a car, a home, or other substantial property in the US, help them locate and collect copies of the titles or registration forms. Support letters from family, friends, and community leaders are also helpful.

Get the immigrant to all hearings. If the immigrant fails to appear at a hearing, you probably won't be able to get your bond money back. Help them by arranging transportation to scheduled hearings if necessary. If the immigrant fails to attend a hearing, you'll receive a notice from ICE through certified mail. This notice requires you to bring the person to the ICE field office at a specific date and time.

Keep in touch with the immigrant. Immigration proceedings can take a year or more to complete. In the meantime, if you lose touch with the person or their family you may not have any way to get your bond money back. You may want to check in with them every week or so and find out what progress has been made or if they've received any new notices from ICE or the immigration court.

Getting Your Bond Refunded

Contact the ICE field office. Once the immigrant gets legal status or has been deported, you are entitled to a refund of the amount you paid for their bond, plus interest. ICE sends you a notice, but it's usually better to contact them directly rather than wait for this notice. If you've kept in touch with the immigrant, you'll know when their immigration proceedings are complete. Call the ICE field office that handled their case. Let them know who you are, and that you need an ICE Form I-391, Notice of Immigration Bond Cancelled, so you can get your money refunded. If you move at any time during the person's immigration proceedings, fill out ICE Form I-333, Obligor Change of Address, so your notice will be sent to you. Download the form at https://www.ice.gov/sites/default/files/documents/Document/2017/i333.pdf. When you've completed it, mail it to the office where you posted your bond.

Gather the forms you need. To have your bond refunded, you will need to send in a copy of ICE Form I-391 as well as a copy of your receipt for the bond. The receipt you need is Form I-305, Receipt of Immigration Officer, which you were given when you posted the bond. If you've lost your bond receipt form, you can complete an affidavit, ICE Form I-395, and submit that instead. You can download the form at https://www.ice.gov/doclib/news/library/forms/pdf/i395.pdf. You must sign this form in the presence of a notary.

Draft a cover letter requesting a refund. In addition to Form I-391 and Form I-305, you must submit a written letter requesting a refund of your bond to the Debt Management Center. Format your letter as a formal business letter, and keep it less than a page long. Begin your letter by providing your name and the name and A# of the immigrant whose bond you paid. Then state that their immigration proceedings have concluded and you are entitled to a refund of your bond. List the documents that you've enclosed. Make a copy of everything for your own records before you mail it.

Mail your cover letter and forms to the bond unit. All bonds are kept at the DHS Debt Management Center in Vermont. When the bond unit receives your letter and forms, it will issue you a check for the amount of your bond plus interest. Mail your paperwork to Debt Management Center, Attention: Bond Unit, P.O. Box 5000, Williston, VT 05495-5000. If you have any questions, you can call Financial Operations at 802-288-7600. Select option 2 from the recorded menu to speak to an operator.

Check the amount of your refund. You will get a check issued from the Treasury Department for the full amount you paid for the bond, plus interest at the rate established by the Treasury Department. Make sure the refund accurately reflects what you paid and the length of time the bond was held. Since 1971, the interest rate has been set at 3% per year. If you believe the amount is incorrect or want an explanation of how the interest was calculated, call Financial Operations at 802-288-7600.