How to Pay an Immigration Bond and Get It Back

An immigration bond is money a third party deposits with ICE as a guarantee that the detained person will appear at every hearing and comply with any final order. The immigration judge sets the amount, but ICE collects it, and ICE has rules about who may pay, how, and what they are promising. Knowing how to pay an immigration bond correctly avoids the two problems families run into most: a payment that is rejected at the window because the person paying does not qualify, and a refund that never arrives because no one kept the receipt or updated the address. Here is how the process works from the judge’s order to the refund check.

Who can post an immigration bond

The person who posts the bond is called the obligor. ICE requires the obligor to be a U.S. citizen or lawful permanent resident, at least 18 years old, with valid government-issued identification. The detained person cannot post their own bond, and a friend or relative without lawful status cannot be the obligor even if the money is theirs. Families often choose an adult child, a sibling or an employer. The obligor’s name goes on the bond contract and the refund check, so choose someone who will be reachable and stable for the years the case may take. Where no eligible family member exists, licensed immigration bond companies will post the bond for a non-refundable premium and usually require collateral; their fees are separate from the bond itself and are never returned. Our detention and bond practice reviews the obligor’s eligibility before the hearing so payment can happen the same day bond is set.

Where and how to pay an immigration bond

ICE accepts bond payments two ways. The first is online through CeBONDS, ICE’s bond payment system, where the obligor creates an account, verifies identity, and pays electronically. The second is in person at an ICE Enforcement and Removal Operations bond acceptance office, during posted hours, by cashier’s check or money order payable to the Department of Homeland Security. ICE does not accept cash or personal checks. The obligor does not need to pay at the office near the facility; any bond acceptance office can accept payment for a person held anywhere, which matters when the detained person was transferred far from the family. Confirm the office’s hours and accepted payment methods by phone before traveling. Once payment is accepted, ICE issues the bond contract and notifies the facility, and release typically follows the same day or the next, depending on the facility’s processing and transport schedule.

Types of immigration bonds

The most common is the delivery bond, which guarantees that the person will appear for immigration court hearings and surrender for removal if ordered. A voluntary departure bond is set when a judge grants voluntary departure and guarantees that the person actually leaves by the deadline; it is returned when proof of departure is submitted. An order of supervision bond may be required by ICE for a person with a final order who is released because removal is not possible. Each has its own conditions, and the obligor should know which one they are signing.

What the obligor agrees to

The bond contract is Form I-352, Immigration Bond. By signing it the obligor promises to deliver the person to ICE or to the immigration court whenever a demand is made, to ensure the person attends every hearing, and to keep ICE informed of the obligor’s own current address. If the person misses a hearing or fails to surrender when ordered, ICE issues a Notice of Immigration Bond Breached, Form I-323, and the money is forfeited. The obligor can contest a breach, for example by showing that notice of the hearing was never properly sent, but the window to do so is short. The obligor should keep a copy of the I-352, the payment receipt, and every notice ICE sends, in a place the whole family can find.

Getting the bond money back

A delivery bond is cancelled when the case ends in a way that satisfies the bond conditions: the person is granted relief and the case closes, the person is removed, or the person departs under a grant of voluntary departure with proof. ICE issues a Notice of Immigration Bond Cancelled, Form I-391, to the obligor’s address on file. The refund is processed by ICE’s Debt Management Center, which mails a check to the obligor with any interest that accrued during the bond period. To obtain the refund the obligor must return the original receipt, Form I-305; if it has been lost, a substitute form must be completed and notarized. The entire process can take months after cancellation, and it stalls completely if ICE’s file shows an old address, so the obligor must report every move to ICE in writing. Our post on what happens at the bond hearing describes how the amount is set in the first place.

Mistakes that cost families money

Paying a bond company’s premium without first checking whether a family member qualifies as obligor wastes money that would otherwise come back. Writing the detained person’s name or A-number incorrectly on the payment delays release by days. Letting the obligor move without notifying ICE means the I-391 and the refund check go to an empty mailbox. And the costliest mistake of all is a missed hearing after release, which forfeits the bond and produces a removal order in absentia that is difficult to reopen. We calendar every hearing for released clients and handle the underlying case through our removal defense team so that the bond is returned when the case ends. The steps before bond is even set are covered in our post on getting someone out of ICE detention.

If bond has been set for a family member and you are not sure who should pay it or how, we can confirm the obligor’s eligibility and walk you through CeBONDS today. Schedule a consultation.

This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication.

Attorney Sena Sahin. Clear advice for individuals, families, and business owners.

Need help with this topic? See our immigration bond page or schedule a consultation.