Immigration bond refund: how to get the money back from ICE
A cash bond paid to ICE comes back, with interest, once ICE cancels the bond. ICE does that on Form I-391 when the conditions have been met: usually the case has ended, or the person left as ordered. The refund goes to the person who paid it (the obligor) at the address ICE has on file. Most delays come from a changed address or lost paperwork, and both can be fixed.
This is information, not legal advice.
This guide explains the general rules. What they mean for your family member depends on their circumstances. Answer a few questions to check their situation.
When the bond is cancelled
A bond is refunded only after ICE cancels it, and ICE cancels it when the promise in it has been kept. For the three kinds of bond (ICE):
- Delivery bond, the usual kind. Cancelled when the case ends in the person’s favor, when ICE takes them back into custody, or when ICE removes them.
- Voluntary departure bond. Cancelled when the person leaves on time and proves it to ICE.
- Order of supervision bond. Cancelled when the person has kept every condition of the order.
The notice is Form I-391, Notice – Immigration Bond Cancelled. It is mailed to the obligor. Winning the case does not by itself send the money back. ICE has to learn the case is over and issue the I-391, and that can lag months behind the judge’s decision.
How to get the refund
- Gather the papers. The Form I-305 receipt from when the bond was paid, the I-352 bond contract, the bond number, the detained person’s A-number, and the court’s final decision or proof of departure.
- Contact ICE’s bond refund helpdesk. Email BondRefund.HelpDesk@ice.dhs.gov or call 877-491-6521 and choose option 1. Give the bond number and A-number and ask whether the bond has been cancelled.
- If it has not been cancelled, send proof that the case is over, such as the judge’s order granting relief or terminating the case, and ask ICE to cancel it.
- If it has been cancelled, confirm the address the refund will go to, and send the I-391 and the I-305 if the helpdesk asks for them. Refunds are processed by ICE’s Debt Management Center.
- Keep a record of every email, call and date.
What delays a refund, and how to fix it
- The obligor moved. The check goes to the address ICE has. File Form I-333, Obligor Change of Address, every time the obligor moves. If it has already gone astray, tell the helpdesk and send the new address.
- Lost receipt. Without the I-305 the refund is slower, not impossible. The bond number and the obligor’s ID will let ICE find it. Some families have used a records request to recover lost bond paperwork.
- The obligor died. The refund belongs to their estate. The helpdesk will say what proof the heirs need.
- Nobody told ICE the case ended. Send the final order yourself.
If ICE says the bond was breached
If ICE decides the conditions were not met, usually because the person did not appear when ICE sent a demand on Form I-340, it sends Form I-323, Notice – Immigration Bond Breached, and keeps the principal. ICE says it still refunds the interest that accrued. A breach can be challenged. Common grounds are that the demand went to an old address, or the person actually appeared. The appeal goes to the Administrative Appeals Office on Form I-290B, and the deadline on the breach notice is short, so act on it the week it arrives.
A bond paid through a company
If a bail bond company posted the bond, ICE refunds the company, not the family. What the family gets back is the collateral, on the contract’s terms. The premium is not refunded. See how immigration bail bonds work.
Protect the refund from day one
- Store the I-352, the I-305 and the bond number in two places, one of them a photo.
- File Form I-333 with every move, and file the detained person’s own address changes with the court and DHS.
- Make sure the person attends every hearing and answers every ICE demand. That is what keeps the bond from being breached.
Questions people also ask
How long does an immigration bond refund take?
There are two waits. First, ICE has to learn the case is over and cancel the bond, which can take months after the final decision. Then the refund itself is processed, often in a couple of months once the paperwork is complete. Contacting the bond refund helpdesk with the documents ready shortens both.
Who gets the bond refund?
The obligor: the person who signed Form I-352 and paid the bond. Not the person who was detained, unless they were the same person. It goes to the obligor’s address on file.
Do you get interest on an immigration bond?
Yes, on a cash bond. ICE refunds the deposit plus interest when the bond is cancelled. Even when a bond is breached, ICE says it still refunds the interest that accrued.
What if the person was deported? Is the bond refunded?
For a delivery bond, yes in most cases. ICE cancels a delivery bond when it takes the person into custody or removes them, because the obligor’s promise to deliver them has been met.
Still have someone detained?
Check your family member’s situation to see which release options may apply, what to do next, and which documents to gather.