Bond Forfeitures and Deportation

Bond forfeiture and deportation are closely linked when a non-citizen defendant fails to comply with court or immigration requirements.

Here’s how it works…

What Is Bond Forfeiture?

• Bond forfeiture occurs when a defendant fails to appear in court or violates bail conditions.
• When a bond is forfeited, the court or immigration authorities keep the full bail amount.
• If a bail bondsman posted the bond, they are responsible for paying the full amount to the court.

How Does Bond Forfeiture Affect Deportation?

• If a non-citizen is out on criminal bail or immigration bond and misses court, they can…
  • Face immediate re-arrest and detention by law enforcement or immigration authorities.
  • Lose the right to remain in the U.S., especially if the case involved deportable offenses.
  • Be considered a flight risk, making it harder to get another bond.

Immigration Bonds and Forfeiture

• Voluntary Departure Bond – If a non-citizen agrees to leave the U.S. voluntarily, they must do so within the agreed timeframe.
  • Failure to leave results in bond forfeiture and potential removal.
• Delivery Bond – Issued by ICE to allow a detained immigrant to stay in the U.S. while their case is pending.
  • If the individual fails to attend hearings, the bond is forfeited, and deportation proceedings may follow.

Can You Recover a Forfeited Bond?

• Criminal Bail – If a defendant appears late or provides a valid reason, the judge may reinstate the bond.
• Immigration Bond – If the individual complies with all hearings and orders, the person who paid the bond can request a refund from ICE.

Bottom Line

Bond forfeiture can lead to deportation if the defendant is a non-citizen. Immigration bonds are especially at risk if the individual fails to attend hearings or violates release conditions. If a bond is forfeited, legal counsel is essential to explore recovery or appeal options.