United States: How Do I Get My Immigration Bond Back?

If you posted an immigration bond for a person to be released from immigration custody, you are considered an "obligor". An obligor must be an adult (over the age of 18) and must be present in the USA pursuant to some lawful status. If you attempt to post a bond with immigration while you are here undocumented, you risk being arrested.

As an obligor, you are expected to guarantee the person's appearance in court to your best ability. When you post the bond, you will present your identification and will receive an original bond receipt and a copy of the bond contract. It is important you safely preserve both of these documents. At the conclusion of the case, you should seek to have that money returned to you. While the money is in government possession, it is earning interest, thus any bond refund would include interest earned and an accounting of how that interest was calculated.

The outcome of the case is not relevant to the issue of refund. Whether the person won his case before the immigration court, for example, and can stay in the United States or whether the person was removed from the country does not matter in order to get the bond money back. What does matter is that the person complied with the terms of his case. Those terms are found in the bond contract that is given to the obligor when the bond is paid and in a checklist given to the person being released. The terms always include:

1. Attending all scheduled immigration court hearings; and
2. Notifying the U.S. Immigration and Customs Enforcement (ICE) of any change of address.

The terms can also include other things such as things not leaving the jurisdiction without ICE consent and not being convicted of criminal offenses. If the alien violates the bond conditions, the bond money can deemed forfeited by ICE and, absent a successful challenge of that determination, the money will be kept by the government.

How do I begin the refund request?

Usually the obligor does not have to begin the request. Once the case is finished, ICE notifies the U.S. Debt Management Center of the bond's cancellation. The Debt Management Center then sends a notice of the immigration bond's cancellation to the obligor. This "Notice – Immigration Bond Cancelled", form I-391, contains instructions to follow to obtain the refund. It can take several months until form I-391 is received in the mail. Once form I-391 arrives, the obligor must provide the following to request the refund:

• Form I-391
• The original bond receipt, form I-305
• The copy of the bond contract, form I-352

These documents must to be mailed to

Once the package is received by the Debt Management Center, it can take several months until the money is returned.

What if I don't hear from the Debt Management Office?

If you believe the case has concluded but you have not received the form necessary to begin the refund process you can write that office at the above listed address, and request they commence the process. With your request, you should send them a copy of the bond receipt and contract you received when you posted the bond as well as your complete name, address and phone number. That office will reply to you within weeks and either begin your request or inform you that the refund is not yet due (because the case is not completed) or that the refund will not be due (because the bond terms were violated).

Carolina Antonini is a partner in the law firm of Antonini and Cohen and an Adjunct Professor at Georgia State University College of Law.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.