If someone you love is in immigration custody, the rules are different from what you may expect after a typical arrest. An immigration bond is not the same thing as a county bail bond, and confusing the two can cost you time you do not have. This guide explains how immigration bonds work, who can qualify, and where Bring 'Em Home fits in.
Immigration bonds are federal, not a county matter
A standard Texas bail bond is a state matter. When someone is arrested on a county charge, a judge sets bail, and a licensed bondsman typically posts it for a fee. That is the kind of bond our team handles every day across North Texas.
An immigration bond is something else entirely. It is part of a federal civil process run by U.S. Immigration and Customs Enforcement (ICE) and the immigration courts, which fall under the Executive Office for Immigration Review (EOIR) in the Department of Justice. It does not flow through your local county jail or a state district court, and it does not follow the same fee structure as a Texas surety bond.
Because the systems are separate, a person can resolve a county criminal case and still remain in custody on the immigration side. That distinction is the single most important thing to understand here.
The two common types of immigration bonds
There are two bonds families most often encounter:
- Delivery bond. This allows the person to be released from detention while their immigration case moves through the courts. In exchange, there is a promise that they will appear at every scheduled immigration hearing and report to ICE as required. The minimum delivery bond is generally set at $1,500, but it can be far higher depending on the case.
- Voluntary departure bond. This applies when someone agrees to leave the United States on their own by a set deadline. The bond is refundable if they depart on time as promised, and forfeited if they do not.
The bond amount is set either by ICE or by an immigration judge. If ICE sets an amount that feels too high, the detained person can often request a bond hearing before an immigration judge to ask for a reduction.
Who qualifies for an immigration bond
Not everyone in ICE custody is eligible for a bond. In general, a person may qualify if they are not in one of these categories:
- Classified as an "arriving alien." People stopped at a port of entry or treated as seeking admission often fall outside the normal bond process.
- Subject to mandatory detention. Certain criminal histories, including some categories of offenses defined in federal immigration law, require detention without the option of a bond.
- Considered a flight risk or a danger to the community. Even when someone is technically eligible, a judge weighs whether they are likely to show up for hearings and whether releasing them poses a safety risk. Strong community ties, steady work, family in the area, and a clean record all help.
Eligibility is genuinely fact-specific. A licensed immigration attorney can review the individual's history and tell you, with far more confidence than any bondsman, whether a bond is realistic and what amount to expect.
The ICE detainer: why a county bond may not be enough
Here is a trap that catches many families. Suppose your relative is arrested on a Texas charge and you post a county bail bond to get them out. You may still find they are not released.
The reason is often an ICE detainer, sometimes called an immigration hold. A detainer is a request from ICE asking the jail to hold a person for a short period after they would otherwise be released, so ICE can take them into federal custody. When a detainer is in place, paying the county bond does not open the door. The person moves from the county jail into the immigration system instead.
If you suspect a detainer, it is worth confirming before you spend money on a county bond expecting immediate release. Learn more about how the local process works on our how it works page.
How to find someone in ICE custody
When a person is transferred to immigration detention, families often lose track of where they are. ICE provides a free public tool for exactly this situation: the ICE Online Detainee Locator System, available at locator.ice.gov.
You can search two ways:
- By the person's A-Number (the "alien registration number," a 8- or 9-digit number assigned by immigration authorities), or
- By biographical information, meaning their full name, country of birth, and date of birth.
Having the A-Number makes the search much faster, so track it down if you can. The locator will show which facility holds the person, which is the first step toward addressing a bond.
What Bring 'Em Home can and cannot do
We want to be straight with you. Our license and our expertise are in Texas state and county bail bonds, the kind set in cases across our service area. We are deeply familiar with that system and ready to move quickly on it.
Immigration bonds are a separate federal process, and they are best handled with the guidance of a licensed immigration attorney and, where appropriate, a surety company that specializes in federal immigration bonds. If your situation involves an ICE hold or a federal immigration bond, that is the right team to lead.
What we can do is talk with you honestly, help you understand whether the matter in front of you is a county bond we can post or an immigration issue that needs a different path, and point you toward the right next step. If there is a related Texas charge we can address, we will. If you are unsure which kind of case you are dealing with, contact us and we will help you sort it out.
Frequently asked questions
Can I get my relative out by paying their county bail if ICE has a hold?
Often no. An ICE detainer can keep a person in custody even after a county bond is posted, because they are transferred to federal immigration custody instead of being released. Confirm whether a detainer exists before assuming a county bond means freedom.
Is an immigration bond refundable?
A delivery bond is generally returned to the person who posted it once the immigration case concludes and all conditions, including every required appearance, have been met. A voluntary departure bond is refunded only if the person leaves the country by the deadline.
This article is general information, not legal advice. Laws change and every case is different — consult a licensed attorney for your situation.
If you are not sure whether you are facing a Texas county bond or a federal immigration matter, call us. Our team answers 24/7 and serves Dallas, Tarrant, Collin, and Travis counties. Reach us anytime at (972) 773-9396, or start a county bond online through our post bail online page.