What is an Immigration Bond The bond refers to money paid to secure a detained foreign national’s release that serves as a guarantee to the government that, once out of detention, the bonded individual will attend all immigration court hearings. After ICE detains a foreign national, ICE sets the bond amount, assuming the person is eligible for a bond. The bond amount is based on a “risk classification assessment,” which measures the risk to public safety and the risk of flight posed by the particular individual. If the foreign national can afford to pay the bond amount set by ICE, the individual will be released upon payment. If the individual cannot afford to pay the bond amount set by ICE, he or she can request that the immigration judge review and lower the bond amount. 8 CFR §§ 236 and 1003.19(a). The such review takes place in the context of a bond proceeding, which the regulations require to be “separate and apart” from the individual’s removal proceedings. Id. § 1003.19(d); see also Matter of Chirinos, 16 I&N Dec. 276 (BIA 1977). The standard that applies during bond proceedings and that factors into the decision of whether the foreign national merits a lower bond is whether the foreign national’s “release pending deportation proceedings will pose a danger to the safety of individuals or property and whether the alien is likely to appear for any scheduled proceeding.” Matter of Drysdale, 20 I&N Dec. 815 (BIA 1994). In addition, the immigration judge must consider evidence establishing the significant implication of national security interests in cases involving foreign nationals seeking to enter the United States illegally. Matter of D-J-, 23 I&N Dec. 572, 575 (A.G. 2003). Who is an Obligor? An obligor is the person who pays the bond and completes the paperwork with ICE at the closest ERO Field Office, which is commonly known as “posting the bond.” Call the selected ICE ERO Field Office to ensure that the office accepts bond payment and to ask the preferred manner of payment. ICE ERO Field Office contact information is available online. While a certified check from a bank or a money order in the amount of the bond made out to the Department of Homeland Security is the preferred method, some ICE ERO Field Offices require a money order from specific sources such the U.S. Post Office. No cash or personal checks are ever accepted. Only someone who is 18 or older and has legal status can be a bond obligor. Generally, the ICE ERO Field Office requires that the obligor provides a valid Employment Authorization Document, a U.S. birth certificate or passport, an original Certificate of Citizenship or Certificate of Naturalization, or a Lawful Permanent Resident card. In addition to these, the obligor should also bring a state-issued driver’s license. Upon posting the bond, ICE provides the obligor with ICE Form I-352, Immigration Bond, and ICE Form I-305, Receipt of Immigration Officer. The obligor should safeguard the receipt, ICE Form I-305, as it will be required for the bond refund process. Once the ICE ERO Field Office where the obligor posted the bond communicates this completed transaction to the detention center holding the individual, the detention center will release the individual. Communication between the ICE Field Office and the detention center often takes hours, so the obligor will want to post the bond as soon as the office opens to increase the chances of the individual being released the same day. What Happens to the Money Once I Post the Bond? Currently, about 91 percent of the immigration bonds issued each year are secured by cash, while the other 9 percent are issued by surety companies that are certified by the Treasury Department to post bonds on behalf of the federal government. ICE deposits any cash paid as security on cash bonds in a fund maintained by the Treasury Department, known as the Immigration Bond Deposit Account. These funds are held in trust for the obligor and earn the Treasury Department market-based rate effective on the date the obligor posted the bond. Per regulation, from 1971 to June 16, 2015, the interest rate was set at three percent per year. When ICE issues the bond refund, the check should reflect the bond amount paid plus the interest as set by the Treasury Department. CeBONDS U.S. Immigration and Customs Enforcement (ICE) announced the implementation of Cash Electronic Bonds Online (CeBONDS) which modernizes the process and allows for bond to be checked and posted online. Learn more about CeBONDS on the ICE website. How Does the Obligor Get the Bond Money Returned? Fast-forward to perhaps a year or more after release on bond, and the individual has obtained legal status or he or she has been deported. Either of these outcomes meets the conditions of the bond and triggers a bond refund via its cancellation. Upon its cancellation, ICE sends the ICE Form I-391, Notice Immigration Bond Cancelled, to the DHS Debt Management Center in Vermont and to the obligor at the address he or she provided. For this reason, if the obligor moves after posting the bond, he or she should inform ICE of the new address via ICE Form I-333, Obligor Change of Address. Otherwise, the obligor will not receive notice due to ICE sending it to an incorrect address. In practice, the obligor should affirmatively contact the ICE Field Office to initiate this process, instead of waiting for the ICE Field office to send the ICE Form I-391. When the obligor obtains Form I-391, Notice Immigration Bond Cancelled, the obligor should send it along with Form I-305, Receipt of Immigration Officer, and a cover letter with a request for the refund to the following address:         Debt Management Center          Attention: Bond Unit          P.O. Box 5000          Williston, VT 05495-5000 If the obligor has questions about immigration bond refunds, it is better to call the Financial Operations of the DHS Debt Management Center at (802) 288-7600 and select option 1 to speak with someone. How long does an immigration

Statutory Framework Four provisions of the INA primarily shape the immigration detention framework: INA § 236(a) generally authorizes the detention of aliens pending a decision on whether the alien is to be removed from the United States and permits those who are not subject to mandatory detention to be released on bond or their own recognizance. INA § 236(c) generally requires the detention of aliens who are removable because of specified criminal activity or terrorism-related grounds. INA § 235(b) generally requires the detention of applicants for admission who appear subject to removal, including aliens arriving at a port of entry and certain other aliens who have not been admitted or paroled into the United States. INA § 241(a) generally requires an alien subject to a final order of removal to be held during the 90-day period when the alien’s removal is effectuated, and DHS may detain an alien beyond this 90-day period if the agency is unable to effectuate removal and the alien falls within certain categories. Discretionary Detention INA § 236(a) authorizes the arrest and detention of an alien pending a determination on whether the alien shall be removed from the United States. Detention under this statute is discretionary, and immigration authorities need not continue to detain an alien subject to removal unless the alien is subject to mandatory detention (e.g., aliens convicted of specified crimes under INA § 236(c)). If DHS arrests and detains an alien under INA §236(a), and the alien is not subject to mandatory detention, the agency may either (1) continue to detain the alien during the pendency of removal proceedings, or (2) release the alien on bond in the amount of at least $1,500 or on the alien’s own recognizance (subject to certain conditions). In the event of an alien’s release, DHS may opt to enroll the alien in an Alternatives to Detention program, which enables the agency to monitor and supervise the alien to ensure his or her eventual appearance at a removal proceeding. INA § 236(a) permits an immigration officer, at any time during removal proceedings, to determine whether an arrested alien should remain in custody or be released. If the alien is arrested without an administrative warrant, the custody decision generally must be made within 48 hours. DHS regulations provide that to be released the alien must show that he or she is not a flight or security risk. If the alien remains detained, he or she may request review of DHS’s custody decision at a bond hearing before animmigration judge (IJ) within the Department of Justice’s Executive Office for Immigration Review (EOIR). The IJ may decide whether DHS may retain physical custody or release the alien, and the IJ has authority to set the bond amount. The IJ’s custody determination may be appealed to the EOIR’s Board of Immigration Appeals (BIA). Federal statute generally bars judicial review of a decision whether to detain or release an alien, but courts may consider habeas corpus claims alleging that an alien’s detention is unlawful. INA § 236(a) permits an immigration officer, at any time during removal proceedings, to determine whether an arrested alien should remain in custody or be released. If the alien is arrested without an administrative warrant, the custody decision generally must be made within 48 hours. DHS regulations provide that to be released the alien must show that he or she is not a flight or security risk. If the alien remains detained, he or she may request review of DHS’s custody decision at a bond hearing before animmigration judge (IJ) within the Department of Justice’s Executive Office for Immigration Review (EOIR). The IJ may decide whether DHS may retain physical custody or release the alien, and the IJ has authority to set the bond amount. The IJ’s custody determination may be appealed to the EOIR’s Board of Immigration Appeals (BIA). Federal statute generally bars judicial review of a decision whetherto detain or release an alien, but courts may consider habeas corpus claims alleging that an alien’s detention is unlawful. Mandatory Detention INA § 236(c) requires the detention of aliens removable on specified criminal or terrorism related grounds. These grounds include, for example, crimes involving moral turpitude, drug crimes, aggravated felonies, and membership in a terrorist organization. INA § 236(c) states that DHS “shall take into custody any alien” who falls within one of the enumerated criminal or terrorism-related grounds “when the alien is released” from criminal custody. The Supreme Court in Nielsen v. Preap held that this mandatory detention scheme covers any alien who has committed a specified offense, even if not immediately taken into custody after release from criminal incarceration. Except in limited circumstances, an alien detained under INA § 236(c) generally may not be released on bond or his or her own recognizance during removal proceedings. The alien may seek limited review by an IJ to determine whether he or she falls within one of the categories of aliens subject to mandatory detention. Mandatory Detention of Applicants for Admission/Arriving Aliens Under INA § 235(b) applicants for admission must generally be detained for removal purposes if they do not appear clearly to be admissible. The statute defines an “applicant for admission” to include both an alien seeking initial entry at a designated port of entry and an alien present in the United States who has not been admitted. The detention requirements of INA § 235(b) have been construed to apply to applicants for admission regardless of whether they are subject to a streamlined “expedited removal” process (e.g., those apprehended when attempting to enter the United States without valid entry documents) or are subject to formal removal proceedings (e.g., aliens inadmissible because of engaging in certain criminal activities). This construction also applies to aliens who, though initially subject to expedited removal, were found to have a credible fear of persecution if returned to their country of origin, and then transferred to formal removal proceedings to pursue asylum or similar forms of relief. Arriving aliens in expedited removal proceedings

Online Detainee Locator System The first place you can check is the online ICE Detainee Locator at https://locator.ice.gov/odls. You will need the person’s full name, country of citizenship, and date of birth. You can also search by “Alien Number” or “A Number” which is the nine digit number assigned by to noncitizens by Immigration. You do not need the A Number to search using the ICE Detainee Locator Website though, so long as you can provide the individual’s first and last name, country of citizenship, and date of birth. If you don’t get any results when searching their name then you should also search their A Number if you have it because the system requires exact matches for spelling and sometimes names can be spelled wrong in the system. The ICE Detainee Locator Website explains: When searching by name, a detainee’s first and last names are required and must be an exact match (e.g., John Doe will not find Jon Doe or John Doe-Smith). When inputting a hyphenated last name into the Online Detainee Locator System, please include hyphen in order for the locator to find the individual (e.g., Doe-Smith). You are also required to select the detainee’s Country of Birth. ICE ONLINE DETAINEE LOCATOR SYSTEM 0 RESULTS FOUND If you get the response, “0 Results Found” you should try alternate spellings of their name. If that doesn’t work they may still be in immigration custody but not in the system yet. Often times people who are in custody still won’t show up on the online detainee locator website if they were recently detained by immigration officials. They say it takes 48 hours for the system to update with their information after being taken into ICE custody. Keep in mind that the Online Detainee Locator System cannot search for records of persons under the age of 18. If you know the person you are looking for is in immigration custody but they aren’t in the system yet then you will have to call the local ICE field office to get any additional information. A list of the ERO (ICE) Field Offices and their main phone numbers can be found here: https://www.ice.gov/contact/ero

In Johnson v. Guzman Chavez, 594 U. S. ____ (2021), the U.S. Supreme Court held that the detention of noncitizens ordered removed from the United States who reenter without authorization is governed by 8 U.S.C. § 1231, which means such noncitizens are not entitled to a bond hearing. Full Decision: https://fingfx.thomsonreuters.com/gfx/legaldocs/jznvnyzajpl/IMMIGRATION_SCOTUS_BOND_decision.pdf