Can A Non-Citizen Arrestee Be Bonded Out?
Sometimes Non-Citizens can be bonded. Here are the general types of Non-Citizens:
Undocumented / Visa Overstays - Have no current legal immigration status and are subject to removal from the U.S. Generally can still be bonded if no ICE hold/detainer is issued (see below).
Lawful Permanent Residents - Non-citizens that have the right to live and remain in the United States unless removed for violation of law or non-compliance. Generally still maintains the legal right to bond as ICE will generally not place a hold/detainer on this type of Arrestee.
U.S. Citizens - Right to remain and live in the United States unless citizenship is lost by action of the U.S. Government (occurs very rarely and on limited bases). Maintains the right to be bonded.
How do these statuses effect bond?
Inquire if ICE has placed an immigration “hold” / “detainer” on Arrestee - If a hold or detainer has been placed on the Arrestee and if bonded the local jail will instead release the Arrestee to ICE.
If ICE detains is the bond lost? - Generally speaking many Bonding Companies will not bond Arrestee’s who have an ICE hold/retainer. But sometimes certain Bonding Companies will if the family provides collateral in the full amount subject to being returned if the bond is not ultimately forfeited. This is because on occasion ICE will later release detainees on their own bond thereby allowing the Arrestee to attend criminal court. But be aware some counties and criminal courts consider a non-appearance of even a immigration detainee (who has no ability to physically appear) as an immediate bond forfeiture. Finally, at times, ICE might not actually take physical possession of the Arrestee and after a few days the local jail will do a regular release if bond has been paid.
What to do?
Talk to your local Bonding Company - Discuss how immigration “holds” / “detainers” work in that county and work with the Bonding Company to see if any solutions are available. Be sure to fully understand what collateral could be at stake.
Finally, in an effort to find the best terms for acquiring bond by completing information once followed by Bonding Companies competing to serve you can be found here at BailBondBidsNow.com