Immigration bonds, like other court bonds, guarantee the appearance in court of an individual charged with a legal violation.

However, unlike other court bonds, immigration bonds are posted with the U.S. Immigration and Naturalization Service instead of a standard jail facility. The bonds apply to non-U.S. citizens (called aliens) who have run into trouble with the Bureau of Immigration and Customs Enforcement (ICE).

Aliens require immigration bonds in two situations. The first is when a warrant is issued for the alien’s arrest for immigration violations (such as overstaying a visa or green card). In this type of case, the ICE requires the alien to appear for a hearing or interview. The alien may be eligible for a delivery bond that will allow him to remain free while he awaits his immigration hearing. To be eligible, among other requirements the alien must demonstrate to the immigration officer that his release would not pose a danger to property or persons, and that he is likely to appear for all court proceedings in his case.

The second situation in which an alien might need a bond is when he is permitted to voluntarily leave the United States after removal proceedings have taken place or are scheduled to take place. Immigration judges may require an alien to post a bond in an amount that will ensure the alien leaves the country in the timeframe specified by the court order.

Bonds posted for immigration charges are subject to immediate forfeiture if the arrested individual does not appear in court.

Because immigration bonds are very high risk, most surety companies do not write them, and those that do charge between 15% and 20%. Solid collateral (i.e. cash or real property) is usually required. Bail agents rarely post immigration bonds, and those that do require a particular license.

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