Immigration Bond Attorney
In 2025, the average bail went from 6500 USD (January) to 3500 USD (June), the lowest level since 2007, making it easier to get out on bail.
At the same time, the workload in court helps to understand why many families seek to “get out on bond”: at the close of FY2024 (Fiscal Year 2024, fiscal year 2024), EOIR recorded 850,720 defensive asylum applications filed and 1.5 million pending, which puts pressure on calendars and makes it key to manage times and documents well.
Immigration bonds don’t have to be a mystery. At Lorenzo Law Group, we will explain every step of the way about immigration bonds, from the bond hearing to claiming your refund. Learn the key terms, immigration bond requirements, and steps to claim bail with an immigration bond attorney.
Table of Contents
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What are Immigration Bonds?
What are Immigration Bonds?
An immigration bond is a payment made to the U.S. Immigration and Customs Enforcement (ICE) to release a person who is detained while their case is resolved in court, this payment corresponds to a bond that is returned once all the conditions of the case are met.
This is not a fine, but a guarantee that the individual will appear before all of their hearings. When the case is over and all the conditions are met, you have the right to claim the immigration bond to have it returned to you.
Legally, the basis is in INA § 236(a) (Immigration and Nationality Act 236a, Immigration and Nationality Act, section 236a): the government can keep the person detained or release him or her on a bond of at least 1500 USD and with conditions to secure their future appearance.
In practice, the bond is documented with the ICE Form I-352 (Immigration Bond), which is the contract between the government and the payer.
That bond remains in effect until ICE issues the Notice of Cancellation of Bond (Form I-391); when it is successfully canceled, ICE refunds the cash deposit with applicable interest to the payer.
Types of Immigration Bonds
When it comes to immigration proceedings, ICE can issue different types of notices or decisions depending on the immigrant’s situation. The type of deposit determines conditions, obligations, and how it is paid to get your money back. Some of the most common immigration bonds are:
Delivery
ICE can issue a notice of service for the person to voluntarily appear before immigration authorities or receive official documents. It is basically how ICE formally communicates an action or subpoena.
Voluntary Departure
It refers to when the immigrant agrees to leave the country on their own rather than face formal deportation proceedings.
The advantage is that it avoids a deportation order on record, but it requires strict adherence to the established deadlines.
Order of Supervision
It is an order that imposes specific obligations on the immigrant, such as periodically reporting to ICE, while their deportation or departure case is being managed.
It does not involve immediate detention, but it does involve ongoing supervision by ICE.
In 2023, 91% of the 20,494 bonds issued by ICE were surrender, 9% voluntary departure, and less than 1% supervision.
Immigration Bond Requirements
An immigration bond allows a detained person to be released from ICE custody while their immigration case continues. The bond does not end the case or change the person’s immigration status. Instead, it works as a financial guarantee that the person will follow the required conditions.
To remain in compliance, the detained person, known as the obligee, must generally:
- Attend all required immigration court hearings.
- Follow all ICE check-in or reporting requirements.
- Comply with any orders issued by the immigration judge or ICE.
- Follow the terms listed in the immigration bond contract, Form I-352.
- Leave the United States by the required deadline if granted voluntary departure.
The person who pays the bond is called the obligor. The obligor is the only person authorized to request the return of the bond money after the bond is canceled. ICE typically cancels the bond using Form I-391 once the required conditions have been met.
If the obligee misses a hearing, fails to report to ICE, violates release conditions, or does not comply with a voluntary departure order, ICE may declare the bond breached or defaulted. When this happens, the obligor may lose the bond money.
- Understanding immigration bond requirements is important because even small mistakes can affect both the person’s immigration case and the family’s ability to recover the bond payment. An immigration bond attorney can help explain the conditions, request a bond hearing, and guide families through the refund process once the case or bond obligation ends.
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ICE Immigration Bond Process and Payment Rules
The ICE immigration bond process usually begins by locating the detained person and confirming whether ICE has already set a bond. If you know where the person is being held, you can contact the ICE detention facility directly. If you do not know their location, you can use the Online Detainee Locator System with the person’s name, country of birth, birth date, or A-number.
If ICE has not set a bond, or if the bond amount is too high, the detained person or their attorney may request a bond hearing before an immigration judge. At the hearing, the judge may review whether the person is eligible for release and whether the bond amount should be changed.
Families should be prepared to provide documents that show the person is likely to attend future hearings and follow court or ICE requirements. This may include proof of identity, a stable address, family ties, employment, financial support, and letters from relatives, employers, or community members.
If bond is granted, the person paying the bond, called the obligor, must complete the payment process with ICE and review the bond agreement carefully. Once payment is accepted, ICE will process the release. The person must continue attending court hearings and following all release conditions while their immigration case continues.
What Happens After ICE Cancels the Bond?
When ICE cancels the bond, it sends Form I-391 to the obligor’s home. To claim the refund, you must send the I-391 along with the I-305 (or, if you lost the I-305, a notarized I-395 as a substitute) to the DMC.
This procedure is processed at the DMC’s office in Williston, Vermont. The I-352 contract lays out the rules, and once ICE issues the I-391, you can claim bail and get your money back (with interest) as long as you keep the receipts, especially the I-305.
Remember: saving these documents and knowing the process is the best way to avoid unnecessary delays or losses.
Cost of Immigration Bonds
U.S. law sets a minimum amount to be paid for immigration bonds, but the actual amount depends on the risk, the seat of the court, and the burden on the system.
- Statutory minimum: Federal law (INA § 236(a)(2)) allows release on bail of at least $1500. There is no legal limit.
- Practical range: According to data and public guides, it is common to see bonds ranging from 1500 USD and frequently around 4000 USD; they can rise much higher in cases of higher risk.
- Recent average: In June 2025, median bail bonds dropped to $3500 nationally (up from $6500 in January 2025), according to TRAC.
- According to the court: there have been large differences by venue (historically, median from 5000 USD to 15,000 USD depending on the court).
It is often difficult to obtain reductions, but it can help to have an experienced immigration bond attorney to walk you through the entire process, from the bond hearing to managing your refund.
Immigration Bonds
Before choosing how to pay an immigration bond, compare three things: total cost, ability to get your money back, and speed to get out on bond.
Here are the three most common ways and scenarios they are usually convenient.
- Pay in cash (cash bond): 100% is deposited; if everything is met, it is repaid (plus applicable interest). Advantage: you get the total back at the end.
- Immigration Bond Loan / Surety Bond Company: A company pays the bond and charges you a non-refundable premium (commonly 15% of the amount) and usually asks for collateral (house/car/cash). Useful if you can’t deposit 100%, but that premium doesn’t come back.
If families cannot fully pay for the detainee’s bond, there are other options to consider:
- Family and community support: contributions from relatives, friends or trusted networks. Here the most important thing is to keep a clear record of who contributes and keep receipts, because the return of the deposit (if applicable) can take time and it must be agreed who is reimbursed.
- Support organizations and funds: Some communities have programs or funds that collaborate in specific cases. Before sharing personal data, confirm the identity of the organization, conditions, and whether the support is a donation or loan.
As a general rule, pay only through official channels and demand a receipt to avoid wasting money on informal payments or payments to third parties without proof.
Read the entire contract, keep your receipts (I-352/I-305) and confirm the I-391 cancellation to claim the deposit without setbacks. If in doubt, ask for legal guidance before signing.
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Why You Need an Immigration Bond Attorney
Because bail is not just “pay and go,” it is a hearing, a contract, and a refund that depend on legal decisions and fine paperwork.
An experienced immigration bond attorney helps you:
- Know if you are eligible to be released on immigration bond (mandatory vs. discretionary detention) and ask for a determination again before the judge, when appropriate.
- Prepare your bond hearing with a strong evidentiary package (employment, family, references, housing and transportation plan), a clear testimony script, and strategic responses to DHS objections (dangerousness and flight risk).
- Reduce the amount by proposing reasonable terms (e.g., reports, Intensive Supervision Appearance Program) and by anticipating what the court values, so that the judge sees realistic compliance.
- Choose the right payment route: cash bond (and what to keep to claim an immigration bond), bond company/immigration bond loan (costs, collateral), or community funds, if you qualify.
- Avoid administrative errors that cost money: correct use of CeBONDS, who should be listed as a debtor, handling the I-352, custody of the I-305, when to use I-395, and follow-up with the Debt Management Center if your refund is delayed.
- Appeal or re-ask for a review if bail is denied or excessive, and coordinate interstate payments with the appropriate ERO office to expedite release.
With legal support from an experienced attorney, you increase the likelihood of getting an achievable bond, getting out on bail without a hitch, and getting your money back in the end.
Who Can Claim Immigration Bonds?
The person who pays the deposit, known as the obligor, is the only one authorized to claim its return. To be eligible for a refund, the obligee, meaning the person who was detained, must meet all bond conditions, including:
- Attending all required court hearings.
- Complying with court orders, such as a removal order or voluntary departure order.
- Following the terms of release.
If these conditions are not met, a breach occurs, resulting in the total loss of the deposit. That is why it is essential to understand the process and act on time.
How to Claim Immigration Bonds
Claiming back an ICE immigration bond requires following a series of meticulous steps:
- Confirm case closure and conditions: Make sure the released person has fulfilled all court-imposed obligations and that the case is officially closed.
- Identify the official cancellation of the bond: ICE must issue a Form I391 Notice of Cancellation of Immigration Bond; this document is the official proof that the bond can be refunded.
- Gather the required documentation:
- The original Form I391.
- Duly completed form I305 (Update of the obligor).
- Copy of the obligor’s photo ID.
- Copy of the original bail bond receipt (Form I352).
- Notices of Hearing and Evidence of Appearance.
- Updated address for correspondence.
- Copies of final court decisions, if any.
- Send the package to the DMC: The current address is:
U.S. Department of Homeland Security, Debt Management Center, PO Box 685890, Indianapolis, IN 46268. - Wait for processing and payment: Once received, the DMC processes the application. The refund can take several weeks or even months to be issued in the name of the obligor.
It is crucial to file the paperwork at the correct office and within the established deadlines. Generally, the claim must be made within one year of the bond conditions being met.
Here is a hypothetical case to exemplify this type of case:
The obligor pays a bond to release a family member detained in the ICE detention facility. After attending all of their hearings, the judge closes the case.
Today, ICE allows you to pay immigration bond online through CeBONDS. This electronic system makes it easy to verify eligibility, make the payment (via the Federal Reserve), and send notifications to the debtor.
If you don’t want to use the online system, you can also arrange payment at an ERO office.
In any case, always keep your I-352 contract and the original I-305 receipt, as they are essential to know how to recover an immigration bond at the end of the process.
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Common Problems When Claiming Immigration Bonds
It is common to face obstacles during the claims process. Here are some of the most common and their possible solutions:
- I didn’t receive the I391 notice: If it doesn’t reach you, check your address in ICE records. Contact the ERO office that handled your case directly to request a copy.
- I lost Form I305: You can use Form I395 as a substitute in some cases, but it must be notarized. It is best to apply for a new one from the DMC.
- Excessive delays in payment: If more than 6 months pass without news, you can contact the DMC to request the status of your claim. Keep a record of all your communications.
- Denial of refund: the most common causes are non-compliance with conditions, errors in forms, or incomplete documentation. You have the right to appeal the decision.
- Bail paid to a private company: If you paid bail to a bail bond agency, this money is generally non-refundable, as it is considered payment for a private service.
Moving during processing: Update your address immediately with DMC and ICE so you don’t miss crucial correspondence like your refund check.
Do I Need an Immigration Bond Attorney for Claiming Immigration Bonds?
Although the process can be simple, there are situations where legal advice is invaluable. You should consider contacting an immigration bond attorney if:
- Your claim was denied.
- There is a dispute with ICE over compliance with the conditions.
- The original case was particularly complex.
- It’s been many years since the conditions were met and you haven’t claimed.
An experienced immigration bond attorney can help you prepare a strong claim package, communicate with the DMC on your behalf, file motions if necessary, and appeal a negative decision. Acting without proper guidance can mean the permanent loss of your money.
Recovering bail money is a right that can ease your family’s financial burden. The process of how to claim an immigration bond requires patience and attention to detail.
If complications arise, such as delays or a refusal, you don’t have to face them alone. Seeking the right support can make the difference between getting your funds back or losing them permanently.
To have the right advice on how to claim an immigration bond, the experts at Lorenzo Law Group speak your language and understand your fears and needs. Together, we can find the best solution for you to take back what is yours.
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Frequently Asked Questions About Immigration Bonds
My family member is detained, what do I do?
The first day usually defines the rest of the process. At a time like this, it helps to focus on verifiable information and not be guided by rumors. These actions help:
- Confirm the full legal name and the “A-Number”, if any.
- Identify the place of detention and the status of the case.
- Ask if ICE has already set a bond or if the person needs a hearing.
- Gather attachment documents: address, family, school, employment, taxes.
- Before signing or paying, ask for confirmation of the procedure and an official receipt.
If your family member needs an audience, preparation weighs more than speed.
My family member is detained, what do I do?
The hearing seeks for the judge to determine if the person can be released while their case continues. The judge usually assesses:
- Stable home and family support.
- Criminal history, if any, and evidence of liability.
- Prior appearance at appointments or courts.
Presenting organized evidence, with clear sections, helps the judge review quickly.
Who can ask for a hearing and who is left out for “mandatory detention”?
Not all detained individuals can apply for immigration bonds. There are legal categories that limit review by a judge. This may include people detained because of certain criminal convictions, controlled substance offenses, firearm offenses, aggravated felonies, crimes involving moral turpitude, terrorism-related grounds, or national security concerns. This does not mean that there is no way out. It means that the strategy changes and may include alternatives when bail does not apply.
What factors affect the cost of immigration bonds?
The cost of the full bond amount depends on factors such as background, roots, history of appearance, and risk assessment.
Common factors:
- Family ties in the United States.
- Work, school or training.
- Length of residence.
- Previous orders or failed appearances.
A higher bond usually means the judge believes there is a greater risk that the person may not attend future hearings or follow the conditions of release.
What evidence do I need to request a lower bond?
Imagine a mother who comes to the audience with only a passport photo and a verbal promise of work. The judge listens, but has no way of measuring stability. On the other hand, when your family provides concrete evidence, the judge may see an organized life outside of custody.
Prioritize simple, verifiable evidence:
- Consistent identification and addresses (contract, official letters, invoices).
- Letter from employer with start date, salary, and leave for court absences.
- School records, diplomas or certificates of attendance.
- Letters of support with signature, address and relationship with the detained person.
- Evidence of care for minors or family members with disabilities.
- Medical reports and treatment plan, if any.
Avoid loose documents without context. Place a cover with basic data, an index and separators. That presentation helps explain arraigo and helps show what the judge usually assesses: arraigo, flight risk, and public safety (among other factors).
If a document is missing, include a brief explanation and a reliable alternative.
Why Choose Lorenzo Law Group as Your Immigration Bond Attorney
Immigration bonds involve a legal process with rules and consequences. Your family needs to understand the immigration bond requirements, prepare for hearings, and compile evidence to reduce the chances of removal.
At Lorenzo Law Group, we are committed to helping immigrant families understand their legal options and protect their rights throughout the immigration process. Every story that comes to us is handled with seriousness, respect, and a genuine intention to achieve the best possible outcome. For us, every case is personal.
Being released from detention may be possible with the right plan and legal support. If you need guidance for your case, talk to us at Lorenzo Law Group and ask for a serious evaluation in Spanish to protect your family.
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