Immigration Bond vs. Criminal Bond: Key Differences

Family member asks clerk about jail hold

A criminal bond gets someone out of jail while a criminal charge is pending. An immigration bond gets someone out of immigration detention while a civil removal case is pending. They come from different systems, are set by different people, cost different amounts and are paid to different parties. Paying one does not release a person from the other.

If someone you love was arrested in Southern California, this matters right away. The same person can be held on a criminal charge and an immigration hold at the same time. Knowing which lock you are opening saves money and time.

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TL;DR

Criminal bail is set by a county schedule or a judge. In California a bail agent generally charges a 10% premium. It guarantees appearance in criminal court.
Immigration bond is a civil guarantee for removal proceedings. It is set by DHS or an Immigration Judge, has no fixed maximum, and requires the full amount deposited with the government, with a minimum of $1,500.
Missing an immigration hearing can mean an automatic removal order and loss of the entire bond. A criminal bond has its own consequences, but they play out in a different court.
Some people are not eligible for any immigration bond, usually because of certain criminal history.
We write criminal bail bonds in Southern California. Before you pay anything, find out which system is holding the person.

Two systems, two different questions
Side-by-side comparison
How criminal bail works in California
How an immigration bond works
What happens if the person misses court
Getting the money back
When both systems are involved
Which one do you need? A quick check
Our perspective
If the arrest is in Los Angeles or San Diego
Frequently asked questions
Sources

Two systems, two different questions

Criminal court asks whether a person committed a crime. Immigration court asks whether a person may remain in the United States. The first is a criminal action. Removal proceedings are civil, not criminal, and they are overseen by the Executive Office for Immigration Review, part of the Department of Justice.

Because the questions differ, so does the purpose of the money. Criminal bail is security that the defendant will return to criminal court. An immigration bond is, in the words of the USCIS glossary, money set by DHS or an immigration judge as a condition of release for a later immigration hearing. Detention in a removal case is meant to secure attendance, not to punish.

Side-by-side comparison

	Criminal bail bond (California)	Immigration bond
Type of case	Criminal charge	Civil removal proceedings
Who sets the amount	County bail schedule or a judge	DHS first, then an Immigration Judge on request
Typical cost to the family	A bail agent generally charges a 10% premium	The full bond amount, minimum $1,500, paid to the government
Maximum	Set by the charge and the court	No defined maximum
Who holds the money	The bail agent posts a surety bond to the court	ICE, under a bond contract
Hearing style	Formal criminal court	Less formal, generally not recorded
If the person misses court	Bond can be forfeited; an agent may work to bring the person back	Automatic order of removal and forfeiture of the full bond
Getting money back	Premium is the agent’s fee and is not returned	Returned only after the case ends, with proof of departure if removal is ordered

The sections below explain each row that people most often get wrong.

How criminal bail works in California

When someone is booked into a county jail, bail is usually set from the county’s schedule, based on the charge. A judge can raise it, lower it or change the conditions at an arraignment. A bail agent, as the California Department of Insurance explains, is a person permitted to solicit, negotiate and effect bail undertakings on behalf of a surety insurer.

In practice, a family pays the agent a premium and the agent posts a bond for the full bail amount. Our published premium is 10% of the bail amount, which is the figure California bail agents generally charge. For a $50,000 bail, the premium is $5,000. You do not need to find $50,000 in cash.

That premium is the cost of the service. It is not a deposit, so it is not refunded when the case ends. What the signer takes on is responsibility: the person must go to every court date. If you want the basics in more depth, see our guides on what a bail bond is and how to get one.

Who can use a criminal bond

Family members, friends and the defendant can all arrange one. A cosigner takes on financial responsibility for the bond. Payment plans are common, and some bonds can be set up with little or no collateral, depending on the case and the signer. We cover those options on our pages for 2% bail bonds and no collateral bail bonds.

How an immigration bond works

Immigration bonds are a different animal. Initially, the bond is set by DHS. If the detained person asks, an Immigration Judge can review the amount. ICE’s own guide describes a bond as a promise to ICE: if the person is released, they will go to every court hearing and do what the judge orders.

There is no 10% rule here. According to ICE, the person posting, called the obligor, deposits the full amount directly with the government, and the minimum is $1,500. ICE also runs an online system, CeBONDS, where the public can verify bond information and post cash immigration bonds.

The bond hearing

At a bond hearing, the judge weighs whether the person poses a danger to people or property, is a flight risk, or is a national security threat. The process is less formal than a criminal hearing, is generally not recorded, and has no filing fee. If the person is eligible, the judge may redetermine the amount DHS set.

Not everyone can get one

Some people cannot get a bond at all. Federal law requires detention of certain noncitizens during removal proceedings, usually tied to criminal history, and courts have addressed how far hearings must be offered. The Supreme Court considered this in Jennings v. Rodriguez, which asked whether people subject to mandatory detention must receive bond hearings at six-month intervals. Family ties and community standing do not change a statutory bar. That is why an immigration attorney needs to review eligibility before a family raises money.

What happens if the person misses court

This is the sharpest difference. Under ICE’s legal orientation materials, a person released on bond promises to attend every hearing. Failing to appear at an immigration hearing can lead to an automatic order of removal and loss of the full bond, as the immigration court policy manual describes. Immigration bond breaches are handled by ICE under its own bond contract.

A missed criminal court date is also serious. The court can issue a warrant and declare the bond forfeited. But with a criminal bond, the bail agent has a direct interest in getting the defendant back to court, and the process runs through the criminal court rather than ICE.

Missed court consequences for both bond systems

Getting the money back

Families often assume an immigration bond comes back quickly. It does not. ICE materials explain that the money is returned only after the immigration case concludes. If removal is ordered, the obligor must provide formal proof of departure, which can require documentation from a U.S. consulate abroad. Leaving is not enough on its own: the government has to verify it.

Immigration bond funds and return conditions

With a criminal bond through an agent, you pay a premium for a service and the arrangement ends when the case does, provided the defendant attended every date. Plan for the immigration bond money to be tied up for the length of the case.

When both systems are involved

This is the situation that confuses families most. Someone is arrested for a local offense, bail is set, and the family arranges a bond. Then they learn ICE has asked the jail to hold the person.

An ICE detainer is a request to a local jail. Legal analysis, including a Third Circuit decision, holds that detainers are permissive, not mandatory, for local law enforcement, and that federal law does not compel a jail to keep someone solely because of a detainer once the criminal bail requirements are met. What a given jail does is a separate matter, so ask the jail directly what it will do.

The practical picture looks like this:

Criminal bail posted: the jail’s criminal hold is satisfied.
Immigration custody: if ICE takes custody, the person is now in a civil process, and the criminal bond does not pay for release from it.
Immigration bond: if the person is eligible, DHS sets an amount or a judge reviews it, and a separate payment to the government is required.

Our immigration bail bonds overview walks through how a criminal case and an immigration hold interact. Other release options exist beyond bond. According to a GAO report on ICE enforcement, ICE may release someone on bond, an order of recognizance, an order of supervision or parole, and may add supervision. A GAO review of alternatives to detention covers that monitoring in detail.

Which one do you need? A quick check

Ask these four questions in order.

Where is the person being held? A county jail, such as Los Angeles or San Diego, means criminal custody. An ICE facility means immigration custody.
What does the paperwork say? A booking number and a bail amount point to a criminal bond. A Notice to Appear or a DHS custody decision points to an immigration case.
Is there both? Call the jail and ask whether there is an immigration detainer. Do not assume the criminal bond ends the matter.
Is the person eligible for an immigration bond? Only an immigration attorney can answer that, because criminal history can bar a bond hearing.

ICE offers an online tool for bond information, and the legal orientation overview gives plain-language background for detained people and their families.

Our perspective

We have written criminal bail bonds for families across Southern California since 1926, and four generations of our family have worked in this business. The most expensive mistake we see is not choosing the wrong bond. It is acting before knowing which system holds the person.

A family hears “bond” and starts moving money. If the person is in a county jail on a criminal charge, that is our work, and we can often start by phone or online, any hour. If the person is in ICE custody, a criminal bail premium is not the answer, and you need an immigration attorney and ICE’s bond process. We would rather tell you that on the first call than take a premium for something that will not open the door.

When both apply, we tell families to settle the criminal side first and ask the jail, plainly, about any immigration hold. Then talk to an attorney about what comes next. You speak with a licensed agent, not a call center, and our staff speak English and Spanish.

— Jake

If the arrest is in Los Angeles or San Diego

If the person is in a county jail on a criminal charge, we can help you get started right now. We handle misdemeanor and felony bonds, offer payment plans, and take applications online or in person. See our pages for Los Angeles County bail bonds and San Diego County bail bonds, or start at armstrongbailbonds.net. If you are not sure whether the hold is criminal or immigration, call and ask. We will tell you what we can and cannot do.

Frequently asked questions

Is an immigration bond the same as bail?

No. Bail secures release from a criminal case. An immigration bond secures release from civil immigration detention. They go to different authorities, follow different rules, and one does not satisfy the other.

How much is a typical immigration bond?

There is no standard amount. DHS or an Immigration Judge sets it case by case, with no defined maximum and a minimum of $1,500. Unlike criminal bail, the full amount is paid to the government rather than a percentage to an agent.

Are deportations criminal or civil?

Civil. Removal proceedings are civil actions heard in immigration court, not a criminal court. The consequences are serious, but the process is not a criminal prosecution.

Can criminal bail be posted if ICE has a detainer?

Yes, criminal bail can be arranged. A detainer is a request to the jail, and courts have held it does not compel the jail to hold someone once criminal bail is satisfied. But ICE may take the person into custody, so speak to an immigration attorney before you assume release.

Do I get an immigration bond back?

Only after the immigration case ends, and if removal is ordered, only with verified proof of departure. A criminal bond premium paid to a bail agent is a fee and is not refunded.