Bringing Overstay Numbers Down Act of 2005 or the BOND Act of 2005 - Sets forth terms and conditions for immigration delivery bonds (a written suretyship for the surrender of an individual against whom the Department of Homeland Security (DHS) has issued an order to show cause or a notice to appear, the performance of which is guaranteed by an acceptable surety on federal bonds).
Amends the Immigration and Nationality Act (INA) with respect to the release of an alien detained pending a removal decision to: (1) permit corporate surety employees to visit the alien; (2) permit release of the alien on a delivery bond of at least $10,000; (3) permit release of such alien on his or her own recognizance only if an immigration judge expressly states in a signed release order that the alien is not a flight risk and is not a threat to the United States; and (4) eliminate parole release authority.
Increases the amounts of recovered breached cash and surety bonds to be deposited into the Breached Bond/Detention Fund from amounts in excess of $8 million to amounts in excess of $80 million.
States that: (1) DHS shall take into custody any alien subject to a final order of removal, and cancel any bond previously posted for the alien, if the alien is produced within the prescribed time limit by the bond obligor whether or not DHS accepts custody of the alien; and (2) the bond obligor shall be deemed to have performed all bond conditions and shall be released from liability if the alien is produced within such time limit.
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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4497 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4497
To establish terms and conditions for delivery bonds in immigration
cases, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 8, 2005
Mr. Sessions (for himself, Mr. Poe, Mr. Sullivan, Mr. Tancredo, and Mr.
Hayworth) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish terms and conditions for delivery bonds in immigration
cases, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bringing Overstay Numbers Down Act
of 2005'' or the ``BOND Act of 2005''.
SEC. 2. DELIVERY BONDS.
(a) Definitions.--For purposes of this section:
(1) Bonding agent.--The term ``bonding agent'' means any
individual properly licensed, approved, and appointed by power
of attorney issued by a qualified surety to execute or
countersign surety bonds in connection with any matter governed
by the Immigration and Nationality Act (8 U.S.C. 1101, et
seq.), and who receives a premium for executing or
countersigning such surety bonds.
(2) Delivery bond.--The term ``delivery bond'' means a
written suretyship undertaking for the surrender of an
individual against whom the Department of Homeland Security has
issued an order to show cause or a notice to appear, the
performance of which is guaranteed by an acceptable surety on
Federal bonds.
(3) Principal.--The term ``principal'' means an individual
who is the subject of a delivery bond.
(4) Secretary.--The term ``Secretary'' refers to the
Secretary of Homeland Security.
(5) Surety.--The term ``surety'' means an entity, as
defined by, and that is in compliance with, sections 9304
through 9308 of title 31, United States Code, that agrees--
(A) to guarantee the performance, where
appropriate, of the principal under a delivery bond;
(B) to perform the bond as required; and
(C) to pay the face amount of the bond as a penalty
for failure to perform.
(6) Suretyship undertaking.--The term ``suretyship
undertaking'' means a written agreement, executed by a bonding
agent on behalf of a surety, which binds all parties to its
certain terms and conditions and which provides obligations for
the principal and the surety while under the delivery bond and
penalties for forfeiture to ensure the obligations of the
principal and the surety under the agreement.
(b) Validity, Agent not Co-Obligor, Expiration, Renewal, and
Cancellation of Bonds.--
(1) Validity.--A delivery bond, for purposes of
surrendering an individual against whom the Department of
Homeland Security has issued an order to show cause or a notice
to appear, is valid if--
(A) the bond states the full, correct, and proper
name of the alien principal;
(B) the bond states the amount of the bond;
(C) the bond is guaranteed by a surety and
countersigned by an agent who is properly appointed;
(D) the bond documents are properly executed; and
(E) relevant bond documents are properly filed with
the Secretary of Homeland Security.
(2) Bonding agent not co-obligor, party, or guarantor in
individual capacity, and no refusal if acceptable surety.--
Section 9304(b) of title 31, United States Code, is amended by
adding at the end the following: ``Notwithstanding any other
provision of law, no bonding agent of a corporate surety shall
be required to execute surety bonds as a co-obligor, party, or
guarantor in an individual capacity on bonds provided by the
corporate surety, nor shall a corporate surety bond be refused,
if the corporate surety appears on the current Treasury
Department Circular 570 as a company holding a certificate of
authority as an acceptable surety on Federal bonds and attached
to the bond is a currently valid instrument showing the
authority of the bonding agent of the surety company to execute
the bond.''.
(3) Expiration.--A delivery bond shall expire at the
earliest of--
(A) one year from the date of issue;
(B) at the cancellation of the bond or surrender of
the principal; or
(C) immediately upon nonpayment of the renewal
premium.
The Secretary of Homeland Security shall cause all expired
delivery bonds to be canceled.
(4) Renewal.--Delivery bonds may be renewed annually, with
payment of proper premium to the surety, if there have been no
breach of conditions, default, claim, or forfeiture of the
bond. Notwithstanding any renewal, when the alien is
surrendered to the Secretary for removal, the Secretary shall
cause the bond to be canceled.
(5) Cancellation.--Delivery bonds shall be canceled and the
surety exonerated--
(A) for nonrenewal after the alien has been
surrendered to the Department of Homeland Security for
removal;
(B) if the surety or bonding agent provides
reasonable evidence that there was misrepresentation or
fraud in the application for the bond;
(C) upon the death or incarceration of the
principal, or the inability of the surety to produce
the principal for medical reasons;
(D) if the principal is detained by any law
enforcement agency of any State, county, city, or any
political subdivision thereof;
(E) if it can be established that the alien
departed the United States for any reason without
permission of the Secretary, the surety, or the bonding
agent;
(F) if the foreign state of which the principal is
a national is designated for temporary protected status
pursuant to section 244 of the Immigration and
Nationality Act (8 U.S.C. 1254a) after the bond is
posted; or
(G) if the principal is surrendered to the
Department of Homeland Security for removal by the
surety or the bonding agent.
(6) Surrender of principal; forfeiture of bond premium.--
(A) Surrender.--At any time before a breach of any
of the delivery bond conditions, if in the opinion of
the surety or bonding agent the principal becomes a
flight risk, the principal may be surrendered to the
Department of Homeland Security for removal.
(B) Forfeiture of bond premium.--A principal may be
surrendered without the return of any delivery bond
premium if the principal--
(i) changes address without notifying the
surety, the bonding agent, and the Secretary in
writing prior to such change;
(ii) hides or is concealed from a surety, a
bonding agent, or the Secretary;
(iii) fails to report to the Secretary as
required at least annually; or
(iv) violates the contract with the bonding
agent or surety, commits any act that may lead
to a breach of the bond, or otherwise violates
any other obligation or condition of the bond
established by the Secretary.
(7) Certified copy of bond and arrest warrant to accompany
surrender.--
(A) In general.--A bonding agent or surety desiring
to surrender the principal of a delivery bond--
(i) shall have the right to petition the
Secretary or any Federal court, without having
to pay any fees or court costs, for an arrest
warrant for the arrest of the principal;
(ii) shall forthwith be provided two
certified copies each of the arrest warrant and
the bond, without having to pay any fees or
courts costs; and
(iii) shall have the right to pursue,
apprehend, detain, and surrender the principal,
together with the certified copies of the
arrest warrant and the bond, to any one of ten
Department of Homeland Security designated
``turn-in'' centers or any detention facility
authorized to detain aliens ordered removed
from the United States.
(B) Effects of delivery.--Upon surrender of a
principal under subparagraph (A)(iii)--
(i) the official to whom the principal is
surrendered shall detain the principal in
custody and issue a written certificate of
surrender; and
(ii) based on the certificate of surrender
the Secretary shall immediately exonerate the
surety from any further liability on the bond.
(8) Form of bond.--Delivery bonds shall in all cases state
the information described in subsection (c) and be secured by a
corporate surety that is certified as an acceptable surety on
Federal bonds and whose name appears on the current Treasury
Department Circular 570.
(c) Information on Delivery Bonds.--The following shall be stated
on each delivery bond:
``(1) Breach of delivery bond; procedure, forfeiture,
notice.--
``(A) If a principal violates any conditions of the
delivery bond, or the principal is or becomes subject
to a final administrative order of deportation or
removal, the Secretary of Homeland Security shall--
``(i) immediately issue a warrant for the
principal's arrest and enter that arrest
warrant into the National Crime Information
Center (NCIC) computerized information
database;
``(ii) order the bonding agent and surety
to take the principal into custody and
surrender the principal to any one of ten
designated Department of Homeland Security
`turn-in' centers located nationwide in the
areas of greatest need, at any time of day
during 15 months after mailing the arrest
warrant and the order to the bonding agent and
the surety as required by clause (iii), and
immediately enter that order into the National
Crime Information Center (NCIC) computerized
information database; and
``(iii) mail two certified copies each of
the arrest warrant issued pursuant to clause
(i) and two certified copies of the final
administrative order of deportation and removal
issued pursuant to clause (ii) only to the
bonding agent and surety via certified mail
return receipt to their last known addresses.
``(B) Bonding agents and sureties shall immediately
notify the Secretary of Homeland Security of their
changes of address and of their changes of telephone
numbers.
``(C) The Secretary of Homeland Security shall
establish, disseminate to bonding agents and sureties,
and maintain on a current basis a secure nationwide
toll-free list of telephone numbers of Department of
Homeland Security officials, including the names of
such officials, that bonding agents, sureties, and
their employees may immediately contact at any time to
discuss and resolve any issue regarding any principal
or bond, to be known as `Points of Contact'.
``(D) A bonding agent or surety shall have full and
complete access, free of charge, to any and all
information, electronic or otherwise, in the care,
custody, and control of the United States Government or
any State or local government or any subsidiary or
police agency thereof regarding the principal that may
be helpful in complying with section 2 of the BOND Act
of 2005 that the Secretary of Homeland Security, by
regulations, determines may be helpful in locating or
surrendering the principal. Beyond the principal, a
bonding agent or surety shall not be required to
disclose any information, including an arrest warrant
and order, received from any governmental source, any
person, firm, corporation, or other entity.
``(E) If the principal is later arrested, detained,
or otherwise located outside the United States and the
outlying possessions of the United States (as defined
in section 101(a) of the Immigration and Nationality
Act), the Secretary of Homeland Security shall
immediately order that the surety is completely
exonerated, and the bond canceled. If the Secretary of
Homeland Security has issued an order under
subparagraph (A), the surety may request, by written,
properly filed motion, reinstatement of the bond. This
subparagraph shall not be construed to prevent the
Secretary of Homeland Security from revoking or
resetting a bond at a higher amount.
``(F) The bonding agent or surety must--
``(i) during the 15 months after the date
of the arrest warrant and final administrative
order of removal or deportation were mailed
pursuant to subparagraph (A)(iii) surrender the
principal one time; or
``(ii)(I) provide reasonable evidence that
producing the principal was prevented--
``(II) by the principal's illness or death;
``(III) because the principal is detained
in custody in any city, State, country, or any
political subdivision thereof;
``(IV) because the principal has left the
United States or its outlying possessions (as
defined in section 101(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)); or
``(V) because required notice was not given
to the bonding agent or surety; and
``(VI) establish by affidavit that the
inability to produce the principal was not with
the consent or connivance of the bonding agent
or surety.
``(G) If compliance with the surrender order
occurs--
``(i) more than 15 months but no more than
18 months after the mailing of the arrest
warrant and the removal or deportation order to
the bonding agent and the surety required under
subparagraph (A)(iii), an amount equal to 25
percent of the face amount of the bond shall be
assessed as a penalty against the surety;
``(ii) more than 18 months but no more than
21 months after the mailing of the arrest
warrant and the removal or deportation order to
the bonding agent and the surety required under
subparagraph (A)(iii), an amount equal to 50
percent of the face amount of the bond shall be
assessed as a penalty against the surety;
``(iii) more than 21 months but no more
than 24 months after the mailing of the arrest
warrant and the removal or deportation order to
the bonding agent and the surety required under
subparagraph (A)(iii), an amount equal to 75
percent of the face amount of the bond shall be
assessed as a penalty against the surety; and
``(iv) 24 months or more after the mailing
of the arrest warrant and the removal or
deportation order to the bonding agent and the
surety required under subparagraph (A)(iii), an
amount equal to 100 percent of the face amount
of the bond shall be assessed as a penalty
against the surety.
``(H) If any surety surrenders any principal to the
Secretary of Homeland Security at any time and place
after the period for compliance has passed, the
Secretary of Homeland Security shall cause to be issued
to that surety an amount equal to 50 percent of the
face amount of the bond. If a surety owes any penalties
on bonds to the United States Government, the amount
that surety would otherwise receive shall be offset by
and applied as a credit against the amount of penalties
on bonds it owes the United States, and then that
surety shall receive the remainder of the amount to
which it is entitled under this subparagraph, if any.
``(I) All penalties assessed against a surety on a
bond, if any, shall be paid by the surety no more than
27 months after the mailing of the arrest warrant and
order to the bonding agent and the surety required
under subparagraph (A)(iii).
``(2) Waiver of penalties.--The Secretary of Homeland
Security may waive penalties or extend the period for payment
or both, if--
``(A) a written request is filed with the Secretary
of Homeland Security; and
``(B) the bonding agent or surety provides an
affidavit that diligent efforts were made to effect
compliance of the principal.
``(3) Compliance; exoneration; limitation of liability.--
``(A) Compliance.--A bonding agent or surety shall
have the absolute right to locate, apprehend, arrest,
detain, and surrender any principal, wherever the
principal may be found, who violates any of the terms
and conditions of the bond involved.
``(B) Exoneration.--Upon satisfying any of the
requirements of the bond, the surety shall be
completely exonerated.
``(C) Limitation of liability.--Notwithstanding any
other provision of law, the total liability on any
suretyship undertaking shall not exceed the face amount
of the bond.''.
(d) Effective Date.--The provisions of this section shall take
effect on the date of the enactment of this Act and shall apply to
delivery bonds executed before, on, or after the date of the enactment
of this Act.
SEC. 3. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.
(a) In General.--Section 236(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1226(a)(2)) is amended to read as follows:
``(2) subject to such reasonable regulations as the
Secretary of Homeland Security may prescribe, shall permit
agents, servants, and employees of corporate sureties to visit
in person with individuals detained by the Secretary and,
subject to section 241(a)(8), may release the alien on a
delivery bond of at least $10,000, with security approved by
the Secretary, and containing conditions and procedures
prescribed by section 2 of the BOND Act of 2005 and by the
Secretary, but the Secretary shall not release the alien on or
to the alien's own recognizance unless an order of an
immigration judge expressly finds and states in a signed order
to release the alien to the alien's own recognizance that the
alien is not a flight risk and is not a threat to the United
States; but''.
(b) Breached Bond/Detention Fund.--Section 286(r) of the
Immigration and Nationality Act (8 U.S.C. 1356(r)) is amended in
paragraph (2), by striking $8,000,000 and inserting $80,000,000.
(c) Effective Date.--The amendment made by subsection (a) and (b)
shall take effect on the date of the enactment of this Act.
SEC. 4. DETENTION OF ALIENS DELIVERED BY BONDSMEN.
(a) In General.--Section 241(a) of the Immigration and Nationality
Act (8 U.S.C. 1231(a)) is amended by adding at the end the following:
``(8) Effect of production of alien by bondsman.--
Notwithstanding any other provision of law, the Secretary of
Homeland Security shall take into custody any alien subject to
a final order of removal, and cancel any bond previously posted
for the alien, if the alien is produced within the prescribed
time limit by the obligor on the bond whether or not the
Department of Homeland Security accepts custody of the alien.
The obligor on the bond shall be deemed to have substantially
performed all conditions imposed by the terms of the bond, and
shall be released from liability on the bond, if the alien is
produced within such time limit.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
all immigration bonds posted before, on, or after such date.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration, Border Security, and Claims.
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