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Original Date Announced
July 31, 2020DHS published final rule on federally-certified surety companies underwriting immigration bonds. First, Treasury-certified sureties seeking to overturn a surety immigration bond breach determination are required to exhaust administrative remedies by filing an administrative appeal raising all factual and legal defenses. Second, "for cause" standards and due process protections are stated so that ICE may decline bonds from companies that do not cure deficient performance. [ID #327]
Final Rule: Procedures and Standards for Declining Surety Immigration Bonds and Administrative Appeal Requirement for BreachesEffective Date
August 31, 2020Subsequent Trump-Era and Court Action(s)
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August 11, 2022
Gonzalez Bonds v. DHS Order Granting Plaintiffs' Motion for Summary Judgment
On August 10, 2022, a magistrate judge in the Northern District of California vacated the rule that imposed several hurdles on surety companies on the grounds that Chad Wolf was invalidly appointed Acting Secretary and therefor lacked the legal authority to promulgate the rule, and DHS Secretary Alejandro Mayorkas's ratification of the rule could not under the Federal Vacancies Reform Act cure the original defect in promulgation.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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March 29, 2023
Gonzalez Bonds v. DHS - Reply Brief for Appellants
On March 29, 2023, DHS asked the Ninth Circuit to reinstate the rule. The Biden administration argued in its brief that the fact that former DHS Secretary Chad Wolf promulgated the rule did not render it ineffective, because under the Federal Vacancies Reform Act, it was not necessary for the rule to have been promulgated by a Senate-confirmed secretary, and because DHS Secretary Alejandro Mayorkas ratified the policy in 2021.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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July 18, 2024
2024.07.18 Gonzales & Gonzales Bonds & Ins. Agency, Inc. v. U.S. Dep't of Homeland Sec
On July 18, 2024, a panel of the Ninth Circuit held that the Secretary Mayorkas's ratification of the rule cured any defect in its promulgation. The Federal Vacancies Reform Act bars ratification of actions taken by purported officers serving in violation of the FVRA, but the panel held that this bar applies only to non-delegable "functions or duties," which do not include the authority for the challenged rule.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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Biden Administration Action: Approved/Retained
April 15, 20212021.04.15 Ratification of the Final Rule Regarding Surety Bonds (found as appendix in July 30, 2021 FedReg notification)
This Biden administration policy ratifies the Trump-era policy identified in this entry.
On April 15, 2021, Secretary Mayorkas ratified the July 31, 2020 rule. (Appendix to July 30, 2021 Federal Register entry.)
View DocumentBiden Administration Action: Approved/Retained
July 30, 20212021.07.30 Ratification of Department Action
This Biden administration policy ratifies the Trump-era policy identified in this entry.
On July 30, 2021, DHS issued a notification in the Federal Register confirming Secretary Mayorkas's April 15, 2021 ratification of the July 31, 2020 policy.
View DocumentCurrent Status
Fully in EffectMost Recent Action
July 30, 2021 Action: Approved/Retained 2021.07.30 Ratification of Department ActionApril 15, 2021Acted on by Biden Administration
July 30, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: RuleSubject Matter: DetentionAgencies Affected: ICEPre Trump-Era Policies
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October 16, 2014
Surety company can sue for breach directly in federal court, without requiring exhaustion of administrative appeal. A rule issued by the Department of the Treasury in 2014 allows an agency's bond approving official to decline to accept additional bonds on behalf of his or her agency that would be underwritten by a Treasury-certified surety for cause provided that certain due process standards are satisfied.
Surety Companies Doing Business with the United States
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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Biden Administration Action
Original Source:
Ratification of Department Action
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Biden Administration Action
Original Source:
Ratification of Department Action