By: Bail House on Feb 5, 2025 12:26:20 PM
Facing an arrest is a stressful experience, but for immigrants, it comes with an even greater concern—the possibility of deportation. Many individuals wonder, can you be deported after posting bail? Understanding how bail bonds, ICE (Immigration and Customs Enforcement), and the U.S. legal system interact is crucial for anyone navigating criminal charges and immigration concerns.
At Bail House Bail Bonds in Roseville, we specialize in helping individuals secure their release while ensuring they understand their legal rights. Our expertise in handling both criminal and immigration-related bail cases ensures that our clients receive the best support possible.
This comprehensive guide will break down how bail bonds, immigration enforcement, and deportation risks intersect and why selecting Bail House Bail Bonds in Roseville is the best decision in such complex situations.
Before diving into the immigration aspect, it’s essential to first understand how bail bonds function in a standard criminal case.
After an individual is arrested, they are taken to jail, where law enforcement conducts the booking process, which includes:
Recording personal details
Taking fingerprints and mugshots
Listing the criminal charges
A judge evaluates the case and sets a bail amount based on several factors, including:
The severity of the alleged offense
The defendant’s criminal history
The defendant’s flight risk
The likelihood of the defendant appearing in court
Whether the defendant poses a threat to public safety
Most individuals cannot afford to pay full bail out of pocket, which is where a bail bondsman comes in. At Bail House Bail Bonds, we help clients secure release for a fraction of the bail amount—typically 10% of the total bail.
Once bail is posted, the defendant is released under the condition that they will attend all court hearings. Failure to comply can result in re-arrest and forfeiture of the bail bond.
For U.S. citizens and legal residents, this process is fairly straightforward. However, for immigrants, particularly undocumented individuals or visa holders, additional complications may arise after release.
Even after posting bail, immigrants may still face deportation risks, depending on their legal status and criminal charges. Here’s what can happen:
When a non-citizen is arrested, ICE may place a detainer (hold) on them, meaning the jail must notify ICE before release.
Even after posting bail, ICE may transfer the individual to immigration custody instead of allowing them to go home.
Some law enforcement agencies cooperate with ICE, leading to prolonged detention, even after bail has been paid.
If an ICE hold is not issued immediately, immigration proceedings may still be initiated after criminal court proceedings conclude.
Certain crimes make non-citizens more vulnerable to deportation, including:
Drug-related crimes (possession, distribution, trafficking)
Violent crimes (assault, robbery, homicide)
Theft and fraud (identity theft, credit card fraud)
Domestic violence (strict immigration consequences apply)
Crimes involving moral turpitude (dishonesty, unethical behavior)
Aggravated felonies, which can lead to automatic removal
If convicted of these offenses, ICE may begin deportation proceedings even if bail has been posted and the individual has met all court obligations.
Some individuals face immediate removal after posting bail if they:
Have a prior deportation order
Were previously removed and re-entered illegally
Have an outstanding immigration warrant
Have an expired visa or are unlawfully present in the U.S.
If ICE has already initiated removal proceedings, the chances of deportation after posting bail increase significantly.
If ICE transfers the individual to an immigration detention center, securing release requires an immigration bond, which differs from a standard criminal bail bond.
Two main types of immigration bonds:
Delivery Bond – Allows release while awaiting an immigration hearing.
Voluntary Departure Bond – Grants release under the condition that the individual leaves the U.S. voluntarilywithin a set timeframe.
The amount for an immigration bond depends on factors like:
Immigration history
Criminal record
Community ties (family, employment, residency)
Likelihood of appearing at immigration court hearings
Unlike criminal bail bonds, immigration bonds often require additional proof of stability and eligibility for release.
Choosing a bail bonds agency is crucial when dealing with both criminal and immigration-related cases. Bail House Bail Bonds stands out from the competition due to our:
✔ Expertise in handling immigration-related bail cases – We understand the complexities of ICE holds and work strategically to secure release before an individual is transferred to immigration custody. ✔ Fast and efficient service – Our team is available 24/7 to provide rapid assistance, reducing the chances of prolonged detention. ✔ Strong relationships with local courts and law enforcement – This allows us to expedite the bail process and navigate legal obstacles more effectively. ✔ Transparent and affordable pricing – We offer flexible payment plans to make bail accessible without hidden fees or unnecessary financial burdens. ✔ Personalized support and legal guidance – Unlike other agencies, we provide step-by-step assistance to help clients comply with court and immigration requirements, minimizing risks of re-arrest or deportation. ✔ Trustworthy reputation – We have years of experience successfully helping families and individuals regain their freedom.
Posting bail does not always mean immediate freedom for immigrants. The risk of ICE detainment and deportationdepends on criminal charges, immigration status, and previous removal history.
If you or a loved one faces arrest and deportation concerns, contact Bail House Bail Bonds in Roseville for expert guidance and fast, trusted bail assistance.
📞 Call Bail House Bail Bonds today! We are here to help 24/7.