Immigration Bonds vs. Criminal Bail Bonds in California
A criminal bail bond and an immigration bond are two different things in two different systems. Here's the difference and why it matters when an ICE detainer is involved.
Two separate systems
A criminal bail bond is posted in the criminal justice system to release someone from county jail and guarantee their appearance at criminal court dates. It's regulated by the state and the premium is 10% (8% for qualified clients).
An immigration bond is posted in the federal immigration system to release someone from ICE detention while their immigration case proceeds. It's paid to the federal government, not a county court, and the process is entirely separate.
Why the difference matters
Posting a criminal bond does not resolve an immigration hold. If an ICE detainer is in place, the person may be transferred to immigration custody after the criminal case releases them — meaning the criminal bond premium is paid but the person doesn't walk free.
That's why it's critical to know whether a detainer exists before posting a criminal bond, and to work with an immigration attorney on the federal side.
What it means for families
We handle criminal bail bonds — the county jail side. If immigration is involved, we'll tell you honestly what we see and encourage you to get immigration counsel immediately, because the two cases have to be handled in parallel.
Don't assume posting the criminal bond means your loved one comes home. Ask first — we'll give you a straight answer.
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