Category: Bail & Bond · Statute: 8 U.S.C. § 1226 · Source: Florida Legislature
Understanding Immigration Bail Bond in Florida
In Florida, an immigration bail bond is a specific type of federal bond used to secure the release of a non-citizen detained by Immigration and Customs Enforcement (ICE). Unlike standard state-level criminal bonds, which are governed by Florida statutes and handled in county courts, immigration bonds fall strictly under federal jurisdiction and the Department of Homeland Security (DHS). When a non-citizen is detained in a Florida facility—such as the Krome Service Processing Center in Miami or the Broward Transition Center in Pompano Beach—they may be eligible for release if they do not pose a danger to the community or a flight risk.
To secure release, the detainee or their family must post either a delivery bond or a voluntary departure bond. A delivery bond ensures the individual will attend all future immigration court hearings, while a voluntary departure bond ensures they will leave the country peacefully by a court-ordered deadline. Because these bonds are federal, they cannot be written by standard state-licensed bail bondsmen unless those agents hold a specialized federal surety license. Consequently, securing an immigration bond in Florida requires working with a specialized agency authorized to post federal immigration bonds directly with ICE.
How Immigration Bonds Impact Florida Pretrial Release
If an undocumented individual is arrested for a state-level crime in Florida, they face a dual-track process. Even if they post a standard Florida criminal bail bond, they may not be released if ICE has issued an immigration detainer (ICE hold). Once the state criminal matter is resolved or state bail is posted, the individual is transferred to ICE custody, where a separate immigration bail bond must be set and paid to secure their release from federal detention while their removal proceedings are pending.
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