It is always scary and stressful when a loved one is arrested, but it is especially true when the person is undocumented. No matter how small the offense, the threat of deportation is very real and terrifying. That’s why it’s important to have a bail bonds agency that is experienced in dealing with immigration issues. A-EZ Out has the experience and skill to help you get your loved one home quickly and safely.
What Happens When an Undocumented Person is Arrested?
Undocumented immigrants can be arrested for any reason that any other citizen can. However, they have the additional problem of being undocumented. If an undocumented immigrant is arrested for a crime, they may be taken to the local jail. However, when it is confirmed that they are not a US citizen, resident, or visitor on a valid Visa, they will most likely be sent to an ICE facility. Undocumented immigrants are also frequently arrested during raids by Immigration and Customs Enforcement.
Many people think this means automatic deportation, but there is hope. There is at least the chance that your loved one could be released on bond to await their hearing. This is a right granted to anyone who is arrested in the United States, even undocumented immigrants.
The Right to Bond
After someone is taken into Immigration Custody, one of the first things that will happen is determining bond eligibility. This usually happens by 2 p.m. on the day of the arrest. Unlike in US courts, bail determination is made by an officer and not a judge. They take two major things into consideration when deciding whether a detainee is approved for a bond.
- How likely they are to attend their hearing
- Whether they are a danger to the community
There are exceptions to this typical scenario. If you are arrested within 100 miles of a border, or in a “border zone”, you may be subject to expedited removal proceedings. This can also happen if you have been in the country for less than two years.
If you are denied a bond by an officer, you do have the right to appeal the decision to an immigration judge. You can also appeal the amount if it is too high for your family to pay. However, it’s important to remember that these proceedings are separate from deportation proceedings. It’s crucial that you ask for any appeals as quickly as possible.
Securing The Bond and What Comes Next
Bond amounts for immigration cases are usually between $1500 and $25,000. This varies depending on the specific circumstances of the case. Just as in any other case, a cash bond is available. However, especially in immigration cases, we recommend that you use a bail bonds agent like A-EZ Out Bail Bonds. This allows you to make a lower payment to get your loved one bonded out and leaves any remaining funds for a good immigration attorney that can hopefully help keep your family together. While out on bail, it’s important to remember to attend all hearings and avoid any additional criminal trouble.