How Immigration Bail Bonds Work and How ICE Detention Differs From County Jail
A plain-language guide for Southern California families: how ICE detention differs from city and county jails, how to find someone, and how immigration delivery bonds are set, paid and refunded.
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ICE detention vs. county jail
A different system from the county jail
When someone is arrested by city police or a county Sheriff, families usually look up the booking number, check the bail amount and wait for the first court date. Immigration detention follows different rules. U.S. Immigration and Customs Enforcement (ICE) holds people under federal civil immigration law, not state criminal law, so the agencies, the courts and even the way bond money is paid are all different.
This guide is general information, not legal advice. Immigration law changes often, so confirm current procedures on the official ICE and Executive Office for Immigration Review (EOIR) websites and speak with a qualified immigration attorney or accredited representative about a specific case.
Civil detention vs. criminal custody
City and county jails hold people accused or convicted of crimes. A county superior court handles the case and California bail law applies. ICE detention is civil: the question is whether a person may remain in the United States, not whether they committed a crime.
Who decides release: an ICE officer makes the first custody decision, and an immigration judge with EOIR, part of the U.S. Department of Justice, may review it. The county court has no role, and there is no published bail schedule. Bond amounts depend on flight risk and danger to the community.
No appointed lawyer: people charged with crimes can receive a public defender. In immigration court, people may hire a lawyer, but generally not at government expense.
Different facilities: people in ICE custody are usually held in immigration detention centers rather than the county jail. In Southern California these include the Adelanto ICE Processing Center in San Bernardino County, the Otay Mesa Detention Center in San Diego County and the Imperial Regional Detention Facility in Imperial County. People can also be transferred to facilities in other states, sometimes with little notice.
How someone ends up in ICE custody
People may be detained directly by ICE in the community, transferred from U.S. Customs and Border Protection after an encounter at or near the border, or transferred from a jail or prison. California's Values Act (SB 54) limits when local law enforcement may cooperate with ICE requests, so what happens at the end of a jail stay depends on the person's history and circumstances.
Criminal bail and an immigration bond are separate. Posting bail in a county case resolves only the criminal hold. If ICE takes custody afterward, a separate immigration bond process begins.
Finding someone in ICE custody
County Sheriff inmate searches do not show people held by ICE. Use the official ICE Online Detainee Locator System instead. You can search with the person's A-Number (the nine-digit Alien Registration Number on immigration paperwork) and country of birth, or with their full name and country of birth.
Newly detained people may not appear right away. Once a case is filed in immigration court, EOIR's online Automated Case Information portal shows hearing dates and court locations by A-Number.
Types of immigration bonds
Delivery bond: the closest equivalent to criminal bail. It allows release while the immigration case continues, on the promise that the person will attend every hearing and ICE appointment. Federal law sets a $1,500 minimum, but amounts are often much higher depending on the case.
Voluntary departure bond: if an immigration judge grants voluntary departure, the judge may require a bond, with a $500 minimum, to guarantee the person leaves by the deadline. It is generally returned after proof of departure.
ICE may also release some people on their own recognizance or under alternatives to detention, such as check-ins, a phone app or an ankle monitor. These conditions can be added on top of a bond.
Who is eligible for a bond
Not everyone in ICE custody can be released on bond. Federal law makes some people subject to mandatory detention, for example because of certain criminal convictions or charges, or because of how and when they entered the United States. Eligibility rules have changed in recent years through legislation and immigration-court decisions, and some changes are being challenged in federal court.
Because eligibility depends heavily on individual facts, have a qualified immigration attorney or accredited representative review the case before assuming a bond is or is not available.
How the bond amount is set
ICE's initial decision: after processing, an ICE officer decides whether to release the person and may set a bond or deny it.
Bond redetermination hearing: if bond is denied or set too high, the detained person, usually through a lawyer, can ask an immigration judge to review it. Judges weigh family ties, time in the United States, employment, criminal history, prior immigration violations and the likelihood of appearing at future hearings. Proof of address, tax records and letters from family and employers are commonly submitted.
Appeal: either side can appeal the judge's bond decision to the Board of Immigration Appeals, which can take weeks or months.
How an immigration bond is paid
You cannot pay an immigration bond at a courthouse or county jail. One option is a cash bond paid directly to ICE. The person paying, called the obligor, must generally be a U.S. citizen or lawful permanent resident with valid identification. Payment is made through ICE's official online bond system or at an ICE office that accepts bonds, following the instructions on the ICE website. Keep every receipt and form, because you will need them to get the money back.
The other option is a surety bond posted by a licensed immigration bail agent working with a federally approved surety company. As with criminal bail bonds, the family pays a non-refundable premium and may be asked for collateral or a co-signer. Immigration cases can stay open for years, so premiums, collateral and renewal terms are often structured differently from criminal bail. Immigration Bail Bonds, listed in the references below, describes how surety-backed immigration bonds are commonly arranged from the bonding side, including premiums, collateral and co-signer obligations.
Before signing any bond agreement, confirm the agent's license with the California Department of Insurance, get every fee, premium, collateral term and renewal charge in writing, and ask what happens to collateral if the case lasts several years. Never pay through gift cards, cryptocurrency or wire transfers to an individual.
After release: obligations and refunds
Release on bond comes with ongoing duties: attend every immigration court hearing and ICE check-in, report address changes to both ICE and the immigration court within the required time, and respond to any ICE notice requiring the person to appear in person. If ICE asks the obligor to bring the person in and they do not appear, the bond can be breached and the money forfeited.
When the case ends and all conditions have been met, ICE cancels the bond. For a cash bond, the obligor then requests the refund using the official cancellation notice and receipts. Because cases can take years, store the paperwork safely and keep your own address current with ICE.
Quick comparison
Type of case: county and city jails handle criminal cases; ICE handles civil immigration cases.
Who sets release terms: in jail cases, a superior court judge and the county bail schedule; in ICE cases, an ICE officer and then an immigration judge.
Free appointed lawyer: available in criminal cases through the public defender; generally not available in immigration cases.
How to search: the county Sheriff's inmate locator for jails; the ICE Online Detainee Locator for immigration detention.
Where bond is paid: through the jail or court under county rules for criminal bail; through ICE's bond system or an ICE office for immigration bonds.
Free and low-cost help
EOIR publishes a list of pro bono legal service providers by state, and DOJ-accredited representatives at recognized nonprofit organizations can give immigration legal help. Several Southern California law schools also run immigration clinics.
Use the State Bar of California attorney search to confirm a lawyer is licensed. Be cautious of notarios or consultants who are not attorneys or accredited representatives; they cannot legally give immigration advice.