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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):

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

What delays a refund, and how to fix it

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

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.