Immigration Bail Bonds in California — 2026 Guide
Immigration bail bonds are fundamentally different from standard California criminal bail bonds. They operate under federal law, involve federal agencies, and require a bail bondsman with specific federal surety licensing. This guide explains how immigration bonds work, the two types available, and what families need to do.
Who Sets Immigration Bail?
Immigration bail is set by one of two authorities:
- An ICE (Immigration and Customs Enforcement) officer at the time of detention — if the officer determines the person is not a flight risk or danger to the community
- An immigration judge at a bond hearing in Immigration Court — if ICE denies bond or sets an amount the family believes is excessive
Unlike California criminal bail, there is no "preset schedule" for immigration bonds. Each case is evaluated individually based on the detainee's ties to the U.S., immigration history, criminal record, and flight risk.
Two Types of Immigration Bonds
Delivery Bond
A delivery bond secures the release of someone detained by ICE. To be eligible, the detainee must have:
- A Notice to Appear (NTA) issued by ICE
- An alien registration number (A-number)
- A bond amount set by an ICE officer or immigration judge
Once the bond is posted, the detainee is released under obligation to appear at all future immigration court hearings. If they miss a hearing, the bond is forfeited and the detainee may be re-detained.
Voluntary Departure Bond
A voluntary departure bond is posted when a person agrees to leave the United States voluntarily by a specific court-ordered date, rather than going through full deportation proceedings. If the person departs by the deadline, the bond is returned. If they remain past the deadline, the bond is forfeited.
Voluntary departure bonds are typically lower than delivery bonds and represent a less adversarial resolution in immigration proceedings.
How Much Do Immigration Bonds Cost?
ICE sets immigration bond amounts between $1,500 (statutory minimum) and $25,000 or more for higher-risk cases. The average immigration bond in California is $8,000–$15,000.
The bondsman's fee (premium) follows the same 10% rule as criminal bonds. For a $10,000 immigration bond, the premium is $1,000. For a $25,000 bond, the premium is $2,500.
Unlike criminal bonds, immigration bonds involve a federal surety company — the bondsman must hold specific federal immigration bond authority in addition to a California bail agent license.
How to Find Someone in ICE Custody
The ICE Detainee Locator — federal immigration custody search allows families to locate any person detained by ICE using:
- Full legal name
- Country of birth
- Date of birth
The locator provides the detention facility name, location, and A-number. This information is required before a bondsman can post an immigration bond.
If the person does not appear in the locator, they may be in state criminal custody (not yet transferred to ICE) or may have been transferred recently. Call the local ICE field office for confirmation.
California ICE Detention Facilities
Major ICE detention facilities in California:
| Facility | Location | Operated By |
|---|---|---|
| Adelanto ICE Processing Center | Adelanto, CA | GEO Group for ICE |
| Mesa Verde ICE Processing Center | Bakersfield, CA | GEO Group for ICE |
| Imperial Regional Detention Facility | Calexico, CA | Management & Training Corp |
| Yuba County Jail (ICE contract) | Marysville, CA | Yuba County |
A licensed immigration bail bondsman serving California ICE facilities will have relationships with each of these facilities and know the specific bond posting procedures required.
What a Licensed Immigration Bail Bondsman Does
Immigration bonds involve considerably more paperwork and coordination than criminal bonds:
- Confirms detainee information via the ICE Detainee Locator
- Obtains the Notice to Appear and A-number from the family
- Prepares federal ICE bond forms (I-352 obligor forms)
- Contacts the detention facility to confirm bond posting procedures
- Posts the bond with the ICE detention facility
- Tracks all future immigration court dates to ensure compliance
The bondsman remains financially liable until the immigration case fully concludes — which can take years. This extended liability is why immigration bondsmen are more selective and why premiums are generally non-negotiable.
Can the Bond Amount Be Reduced?
Yes. An immigration attorney can file a motion requesting a bond reduction hearing before an immigration judge. Arguments for reduction include:
- Strong community ties (U.S. citizen family members, long-term residence)
- Employment history
- Lack of criminal record
- Proof the detainee is not a flight risk
Bond reduction hearings are heard by an Immigration Judge at the Executive Office for Immigration Review (EOIR). See EOIR immigration court procedures for more information.
Legal Resources for Immigration Bonds
- ICE Detainee Locator — Federal Immigration Custody Search
- U.S. Immigration & Customs Enforcement — Bonds
- Executive Office for Immigration Review (EOIR)
- California State Bar — Find a Licensed Immigration Attorney
For informational purposes only. Not legal advice. Immigration law is complex and changes frequently. Consult a licensed immigration attorney for advice specific to your situation.