If you are an immigrant who has been detained or the friend or family member of a detained immigrant, your top concern may be getting an immigration bond. However, when U.S. Immigration and Customs Enforcement (ICE) detains an immigrant, obtaining release can be challenging. A Newark immigration bond lawyer is a crucial ally if you have been detained in New Jersey.
The first thing an immigration attorney could do is advise you whether bond is a possibility. Not every detained immigrant will be eligible for bond, and knowing when it is not a possibility can help people avoid wasting time and money. A legal professional could also help people understand the bond process, advocate for a client’s release, and help ensure that clients understand the conditions of their bonds.
In the United States, the role of bond or bail is supposed to ensure that a defendant appears at trial. In immigration proceedings, there may not be a trial, or there may be no upside to appearing at that trial. So, the role of bond in an immigration proceeding is to ensure an immigrant appears at trial and to protect the community.
The bond amount is dependent on the circumstances. The bond may be very low for some people—the minimum bond is $1,500. There is no upper limit on bond amounts, so those bonds could theoretically be hundreds of thousands or even millions of dollars. However, since bond is not required, an immigration judge may be more likely to detain a person without bond rather than order a prohibitively high bond amount. A Newark immigration attorney could help detained immigrants and their families understand the bond process and determine the most effective steps to gain release.
Not every detained immigrant is automatically eligible for a bond. Eligibility for an immigration bond in Newark depends on the detainee’s specific situation, background, and risk factors. The court will look at several factors to determine bond eligibility:
If a person falls under the mandatory detention provisions of immigration law, they are ineligible for bond. This includes immigrants with certain types of convictions, including drug crimes, violent crimes, crimes involving weapons, aggravated felonies, and crimes of moral turpitude. People detained at the border without valid documentation might face mandatory detention.
Detainees also have to demonstrate that they are not a flight risk. To determine whether someone is a flight risk, the court will look at community ties, employment, someone’s family life, and whether they have a record of meeting legal obligations.
A detainee has to demonstrate that they are not a threat to the community. The judge will consider criminal records, prior arrests, and whether there were any charges of violence. Immigrants with no criminal history or whose criminal history is limited to non-violent offenses are more likely to get bond.
The first step to getting an immigration bond is to request a bond hearing. The bond hearing focuses only on whether a person is eligible for a bond and, if so, what the bond amount should be. Once a person gets a bond hearing, they get to present evidence at a bond hearing. A Newark immigration bond attorney will present evidence of the detainee’s positive character, ties to the United States, and lack of criminal history. A lawyer may use supporting documentation to help argue for a reasonable bond amount.
If the judge grants bond, then the detainee, their family, or their friends can post the bond. They can go through ICE’s online portal, post the bond at an ICE office, or use a licensed immigration bond agent. A legal professional could help people locate a bond agent.
Bonds have a financial component and a behavioral component. A lawyer could help the detainee understand the bond conditions because violation of those conditions can result in someone being detained again.
Navigating immigration detention and bond hearings can feel overwhelming. The stakes are high, and the legal issues can be complicated. Hiring a Newark immigration bond lawyer ensures you have someone on your side, helping you understand the law and making a compelling case for bond. Call and schedule a consultation today to learn more.
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