If you or a family member was detained by Immigration and Customs Enforcement (ICE) and paid a bond to be released from a detention center, you may be entitled to get that money back once the case has concluded. However, the process can be confusing and time-consuming if you don’t know the right steps.

In this article, we explain how immigration bond refunds work, who can request one, and what you need to do to avoid losing your money.

What Is an Immigration Bond?

An immigration bond is a sum of money paid to the United States government as a guarantee that the person detained by ICE will appear at all their immigration hearings and comply with any orders issued by the court.

There are two main types:

• Delivery bond: Allows the detained person to be released while awaiting their immigration proceedings. In exchange, they commit to appearing before the judge on all scheduled dates.
• Voluntary departure bond: Paid when the immigrant agrees to leave the country voluntarily within a set period. If they comply with the departure, the money is refunded.

Who Can Get the Bond Money Back?

The person who paid the bond (known as the “obligor”) is the one entitled to request the refund. This does not have to be the immigrant themselves; it can be a family member, friend, or anyone who posted the money.

It is very important to keep all documents related to the payment, especially the official receipt (Form I-305) issued by ICE at the time of payment.

When Can You Request a Refund?

The bond can only be returned once the immigration case has been fully resolved. This can happen in several situations:

• The person received a green card or another approved immigration status.
• The judge issued a deportation order and the person was deported.
• The person voluntarily left the country within the established timeframe (in the case of a voluntary departure bond).
• The case was administratively closed or reached a final resolution.

Important: If the person failed to appear at a hearing or violated the conditions of the bond, the government may declare the bond “breached” and refuse to return the money.

Steps to Get Your Immigration Bond Money Back

1. Confirm the Case Has Been Resolved

Before taking any action, make sure the immigration case has reached a final resolution. You can check the status of the case on the Executive Office for Immigration Review (EOIR) website using the detainee’s case number.

2. Gather the Required Documents

To request a refund, you will need:

• The original bond payment receipt (Form I-305). Without this document, the process becomes significantly more difficult.
• Valid identification of the obligor (the person who posted the bond).
• Documents proving the case has concluded (for example, a final order from the court or proof of deportation).

3. Submit Your Request to ICE’s ERO Office

The refund request is submitted to the ICE Enforcement and Removal Operations (ERO) office that originally issued the bond. The obligor must send a formal letter along with the Form I-305 and supporting documents.

4. Wait for Government Verification

ICE will verify that the bond was not breached and that there are no pending conditions. This process can take several weeks or even months.

5. Receive the U.S. Treasury Check

Once the refund is approved, the government issues a check made out to the original obligor, sent to the address on file. The check is issued by the United States Department of the Treasury.

Common Mistakes That Can Cost You Your Money

• Losing Form I-305. This receipt is essential. Keep it in a safe place from the very beginning.
• Not notifying ICE of an address change. If the check is sent to an old address, it may be lost.
• Waiting too long to act. While there is no strict legal deadline to claim the refund, waiting too long can complicate the process.
• Not knowing the outcome of the case. Requesting a refund before the case is closed can result in a denial.

How Long Does the Process Take?

The timeline varies, but generally it can take between 2 and 12 months from the time the request is submitted to when the check is received. In some cases, the process may take longer, especially if there are delays in verification by ICE or the Department of the Treasury.

Do You Need Help With Your Case?

Getting your immigration bond money back may seem like a straightforward process, but any mistake in the documentation or timing can result in the loss of a significant amount of money. An experienced immigration attorney can guide you through the entire process, make sure all documents are in order, and communicate with the authorities on your behalf.

If you have questions about bond refunds or any other immigration matter, contact us today for a free evaluation at 202-709-6439. We are here to help you protect your rights and your money.

This article is for informational and educational purposes only. It does not constitute legal advice. Every immigration case is unique, and it is recommended that you consult with a qualified attorney for personalized guidance.