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Can You Be Deported After Posting Bail?

By: The Bail House on Feb 3, 2025 8:00:00 AM

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Facing legal trouble can be stressful for anyone, but for immigrants, an arrest can raise even more pressing concerns: Can you be deported after posting bail? Understanding how Bail Bonds, ICE, and the legal system work together is crucial for those dealing with immigration issues while navigating the criminal justice process.

At Bail House Bail Bonds, we have extensive experience working with individuals facing criminal and immigration-related bail concerns. We are committed to helping our clients secure their release and understand their rights in these complicated situations. This article will break down how bail bonds, immigration enforcement, and deportationinteract, and why choosing Bail House Bail Bonds is your best option.

How Bail Bonds Work in Criminal Cases

Before diving into the immigration implications, it’s important to understand how bail bonds function in a standard criminal case.

  1. Arrest and Booking: When someone is arrested, they are taken to jail, where their charges are recorded, fingerprints are taken, and a judge determines if they are eligible for bail.

  2. Bail Determination: If the judge grants bail, a specific amount is set. The defendant can either pay this amount in full or use a bail bondsman to post bail.

  3. Using a Bail Bondsman: Most people can’t afford the full bail amount, which is where Bail House Bail Bondscomes in. For a small percentage of the total bail (usually 10%), a bondsman will post bail on the defendant’s behalf.

  4. Release and Court Compliance: Once bail is posted, the defendant is released under the condition that they must appear in court as scheduled.

For U.S. citizens or legal residents, the case continues as normal. However, for undocumented immigrants or visa holders, things can become more complicated.

What Happens to Immigrants After Posting Bail?

via GIPHY

Even after posting bail bonds, some immigrants remain at risk of deportation depending on their immigration status and criminal charges. Here’s what can happen:

1. Immigration and Customs Enforcement (ICE) Holds

  • If a non-citizen is arrested, ICE may place a hold (detainer) on them, requesting the jail to notify immigration authorities before releasing the individual.

  • Even after posting bail, the person may be transferred to ICE custody instead of being released.

  • If an ICE hold is not placed immediately, the defendant may still face immigration proceedings after their criminal case concludes.

2. Crimes That Trigger Deportation

Not all crimes lead to deportation, but certain offenses make a non-citizen more vulnerable to removal. Some of these include:

  • Drug-related offenses

  • Violent crimes

  • Theft or fraud-related charges

  • Domestic violence charges

  • Crimes involving moral turpitude (serious dishonesty or harmful intent)

If convicted of these offenses, ICE may initiate deportation proceedings, even if bail has been posted and the defendant complies with all court dates.

3. Risk of Immediate Deportation

In some cases, especially for individuals with prior immigration violations or deportation orders, ICE may move to deport a person immediately. This is more common for:

  • Individuals with past deportations

  • Those who re-entered the U.S. illegally after being deported

  • People with outstanding removal orders

4. The Role of Immigration Bonds

For individuals placed in ICE custody, securing release requires a different type of bond—an immigration bond. Unlike standard bail bonds, immigration bonds are set by an immigration judge and often require proof that the individual is not a flight risk or a danger to the community.

There are two primary types of immigration bonds:

  • Delivery Bond: Allows the individual to be released while awaiting their immigration hearing, provided they comply with all court appearances.

  • Voluntary Departure Bond: Grants the individual release under the condition that they voluntarily leave the U.S. within a specified period.

How to Reduce the Risk of Deportation After Posting Bail

For non-citizens facing criminal charges, taking proactive steps can help reduce the risk of being transferred to ICEcustody or deported after posting bail:

1. Work With an Experienced Bail Bondsman

Choosing the right bail bondsman is crucial. At Bail House Bail Bonds, we understand how to navigate these complex cases and can help ensure the process is handled smoothly to reduce unnecessary risks.

2. Hire an Immigration Attorney

If an individual is at risk of deportation, hiring an immigration lawyer can help fight ICE detention and removal proceedings. Attorneys can:

  • Request a bond hearing for release from ICE custody

  • Challenge the basis for deportation

  • File for relief options such as asylum or cancellation of removal

3. Understand Immigration Status and Rights

  • Legal residents (green card holders) and visa holders have different risks compared to undocumented immigrants.

  • Knowing your rights, including the right to remain silent and request legal representation, can make a difference in these cases.

4. Avoid Unnecessary Contact with Law Enforcement

For non-citizens, avoiding actions that could lead to an arrest is crucial. Even minor offenses can result in ICE involvement, so it’s essential to stay aware of potential legal risks.

Why Choose Bail House Bail Bonds?

If you or a loved one is arrested and facing possible deportation, choosing a reliable and experienced bail bondsman is essential. Here’s why Bail House Bail Bonds is the best choice:

1. Experienced in Immigration-Related Bail Cases

We have worked with numerous clients facing immigration issues, helping them navigate the legal system while minimizing the risks of ICE detention.

2. Fast and Reliable Service

We work quickly to post bail bonds, ensuring a smooth release process. We understand the urgency of these cases and act efficiently to secure freedom as soon as possible.

3. Knowledge of the Local Court System

Our team has strong relationships with courts, jails, and law enforcement in Nevada City and surrounding areas, allowing us to streamline the bail process and avoid unnecessary delays.

4. 24/7 Availability

Arrests don’t happen on a schedule, and neither do we. Our agents are available 24/7 to assist with bail concerns, answer questions, and provide support when you need it most.

5. Flexible Payment Plans

We understand that posting bail can be financially challenging, which is why we offer affordable payment options to fit different budgets.

Final Thoughts: Can You Be Deported After Posting Bail?

The risk of deportation after posting bail depends on multiple factors, including immigration status, the nature of the charges, and whether ICE has placed a hold on the individual. While posting bail bonds secures release from criminal custody, it does not guarantee freedom from immigration detention.

That’s why working with an experienced bail bondsman, like Bail House Bail Bonds, can make all the difference. We provide expert guidance, work efficiently to post bail, and help minimize risks associated with immigration holds.

If you or a loved one is facing arrest and immigration concerns, contact Bail House Bail Bonds today. Our professional, compassionate team is ready to assist you 24/7, ensuring you get the support and guidance needed to navigate this challenging situation.