How immigration bonds work

This page explains how an immigration bond actually works once a bond amount has been set: who posts it, the difference between a cash bond and a surety bond, how to pay through the ICE CeBONDS portal, and how the money is refunded or forfeited at the end. It is the companion to what happens in immigration detention, which covers bond hearings — when an immigration judge can set a bond and who is eligible to ask for one. None of this is legal advice for a specific case; every situation depends on facts that only an attorney can evaluate.

What an immigration bond is

An immigration bond is a payment and contract that lets a detained noncitizen be released while their case proceeds, on the promise that the person will meet their obligations — appearing at immigration hearings and ICE check-ins, or departing the country when required.

The party who posts the bond is the obligor. ICE defines the obligor as the entity or individual who posts a bond as security for the performance and fulfillment of the bonded person’s obligations to the government. This distinction matters at the end of the case: when a cash bond is refunded, the money goes back to the obligor — the person who paid it — not to the detained person.

The bond types

The ICE CeBONDS system lets the public post three kinds of bonds: a delivery bond, a voluntary departure bond, and an order of supervision bond.

  • Delivery bond — ensures the person appears at immigration hearings and reports to ICE as required. It is set under INA §236(a) / 8 USC §1226(a). The statute requires a “bond of at least $1,500 with security approved by, and containing conditions prescribed by, the Attorney General” (8 USC §1226(a)(2)(A)). $1,500 is a floor — immigration judges routinely set higher amounts depending on the case.
  • Voluntary departure bond — ensures the person actually leaves the United States by the date the immigration judge granted. Under 8 CFR §1240.26, the amount is “in no case less than $500,” and the bond must be posted within 5 business days of the immigration judge’s order granting voluntary departure (INA §240B).
  • Order of supervision bond — tied to release under an order of supervision.

If a person granted voluntary departure does not leave, 8 CFR §1240.26 sets a rebuttable presumption that the civil penalty under INA §240B(d)(1)(A) is $3,000, in addition to other consequences.

Whether a bond can be set at all is a different question. Some people are subject to mandatory detention under INA §236(c) / 8 USC §1226(c) (certain criminal grounds and terrorism-related grounds) and are not bond-eligible at most stages. Eligibility for a bond hearing, the categories that are not entitled to one, and the burden of proof are covered on what happens in immigration detention — this page picks up after an amount has been set.

Who can post a bond

Through CeBONDS, the users who can post a bond are U.S. citizens, lawful permanent residents, law firms, and non-profit organizations. CeBONDS is only available within the United States.

The obligor must provide at least one identity document. For U.S. citizens, the categories CeBONDS shows include a U.S. passport, a U.S. birth certificate, and a U.S. citizen-born-abroad document. The obligor’s identity and address are what ICE uses to match the bond and, later, to send the refund.

Cash bond vs surety bond

There are two ways to satisfy a bond, and the difference matters financially:

  • Cash bond. The obligor pays the full bond amount directly to the government. Through CeBONDS, that payment is made by Fedwire or ACH. The full principal is refundable to the obligor at the end of the case, as long as the obligations were met (more on refunds below).
  • Surety bond. The obligor goes through a U.S. Treasury-authorized bond company, which guarantees the full amount to the government. Instead of paying the full amount, the obligor pays the company a non-refundable premium. That premium is commonly cited in the range of 15 to 20 percent of the bond amount — this is an industry-typical figure, not an ICE rate — and it is never refunded, win or lose.

The trade-off is straightforward: a cash bond ties up more money up front but returns the full principal; a surety bond costs less up front but the premium is gone for good.

How to pay through CeBONDS

CeBONDS (the ICE bond portal at cebonds.ice.gov) is a web-based, Okta-secured system that lets the public verify bond information, post cash bonds, and receive electronic bond notices from ICE.

To post a cash bond:

  1. Confirm a bond amount has been set by ICE or an immigration judge (a delivery bond is at least $1,500; a voluntary departure bond is at least $500 and must be posted within 5 business days of the order).
  2. Confirm you are eligible to be the obligor — a U.S. citizen, lawful permanent resident, law firm, or non-profit, posting from within the United States.
  3. Register for an Okta-secured CeBONDS account at cebonds.ice.gov.
  4. Have your obligor ID and the detained person’s information ready so ICE can match the bond to the case.
  5. Pay the full cash bond by Fedwire or ACH.
  6. Sign Form I-352, the Immigration Bond — the contract that sets out the obligor’s obligations — and keep your proof of payment and bond number.

Form I-352, Immigration Bond is the contract the obligor signs; it lays out the conditions the bond secures.

Getting the money back

A cash bond stays in effect until ICE formally cancels it. The mechanics:

  • Cancellation. The bond remains in effect until ICE issues Form I-391, Notice – Immigration Bond Cancelled. After cancellation, ICE returns the principal to the obligor — the person who posted the bond, not the detained person.
  • Interest. A cash bond earns simple interest at the rate set by the U.S. Treasury. ICE calculates the interest after the bond is cancelled or breached. Even on a breach, ICE still refunds the interest that accrued on the deposit (the principal is what is forfeited in a breach).
  • Refundable regardless of outcome. A cash bond is generally refundable once the case ends and the obligations were met — regardless of whether the person won relief or was ordered removed and departed — so long as all appearance and departure obligations were satisfied.
  • Keep your address current. ICE pays the principal and interest to the obligor’s address on file. If the obligor moves and does not update that address, the bond notices and the refund go to the old address. The obligor should promptly file Form I-333, Obligor Change of Address. This is the single most common practical reason refunds go astray.

A refund follows cancellation and can take time. There is no fixed turnaround you should rely on — the most useful thing the obligor can do is keep the address current and hold onto the bond number and proof of payment.

Breach and forfeiture

If the bonded person does not meet their obligations, the bond can be forfeited:

  • Notice to deliver. Before a breach, ICE can demand that the obligor produce the person by sending Form I-340, Notice to Obligor to Deliver Alien. The obligor or co-obligor must produce the person as specified or risk breach.
  • Breach. If the person fails to appear, comply, or depart, the bond is breached and the money is forfeited. ICE sends Form I-323, Notice – Immigration Bond Breached.
  • Appeal window. After a breach notice, the obligor has 30 days to file an administrative appeal or a motion for reconsideration.

Because a breach forfeits the principal, the obligor has a direct financial stake in the bonded person meeting every appearance and departure obligation.

Last verified: 2026-06-24. General information, not legal advice. Bond amounts, eligibility, and the rules governing posting, refunds, and forfeiture vary by case and jurisdiction. For any specific case, contact a licensed immigration attorney or BIA-accredited representative.

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