An illegal immigrant is eligible for an immigration bond if he or she has been arrested by the Immigration and Naturalization Service (INS) and has been issued a Warrant of Arrest. Immigration bonds are similar to other bail bonds as they too guarantee the appearance of an individual charged with a legal violation in court. The amount of a bond must be enough to ensure that the defendant will appear for all further immigration proceedings. The alien would be considered for the bail bond only if eligible. The alien must demonstrate that such a release would not pose a danger to property or persons, and that he or she is likely to appear for any future proceedings to the satisfaction of the immigration officer.
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A company's bail bondsman can post the immigration bond only after the INS determines that the alien is eligible. However, an immigration bond can also be posted through a private company rather than the INS. The name and registration number of the alien and the name of the facility where the alien is being held must be provided. These basic requirements are similar to other types of bail bonds, including the annual premium payment paid to the bail agent.
Immigration bonds require a casualty license instead of the usual license. Also, in the event the alien does not appear in the court when summoned, the bonds posted will be subjected to immediate forfeiture. Language barriers frequently provide another immigration bond difficulty to the bail bond agents. The processes in collecting the collateral vary in immigration cases.