An Alien Detained: The Ins and Outs of Immigration Bail

Being detained is an experience no one ever wants to deal with. Getting detained for being an alleged non-citizen only adds more fear and uncertainty to the situation, though, since the detainee has to deal with their arrest in unfamiliar territory. Even with the added circumstance of alien status, however, it is possible to navigate custody. With the help of bail bonds in Wilmington, NC and an understanding of how immigration bail works, any detainee can make the process run a lot more smoothly.

Immigration Bonds versus Standard Bonds

An immigration bond works the same way a regular bail bond issued to a US citizen arrested and charged with a crime does. With the help of an immigration bond, an alleged undocumented immigrant need not stay in the detention center while awaiting the outcome of their case. This type of bond allows an alleged non-citizen to reunite with their family, seek legal counsel, and make the necessary appearances required before an immigration judge.

Bond Eligibility and Bond Redetermination

One of the most critical differences between a regular bail bond and an immigration bond is the criteria for eligibility. The Department of Homeland Security usually determines if an alien is eligible for a bond then sets an amount for the third party to pay. When the bond amount is too high, or a detainee is not eligible for a bond, it is possible for a detainee to request for a bond redetermination hearing. Separate from the actual immigration case, a bond redetermination helps an alleged illegal alien prove that they are not a flight risk or a danger to the community so that a judge may grant them an immigration bond.

The Importance of Attending Immigration Hearing after Bond Payment

One thing detainees should remember is that an immigration bond does not relieve accountability for their actions. It is still necessary that a detainee attends all scheduled immigration hearings as a failure to do so could result in future detention and forfeiture of the bond paid.

Understanding the complexities of an immigration bond can go a long way to ensure a loved one’s continued presence in the US. With the right legal counsel, a detainee and their family will be more prepared for whatever challenges they may encounter along the way.