-
Original Date Announced
July 31, 2020DHS publishes 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, 2020Biden 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
Not 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
-
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
- New Policy
-
Prior Policy
Original Source:
Surety Companies Doing Business With the United States
-
Other
Original Source:
Law 360: Trump-Era DHS Chief's Immigration Bond Rule Fails In Court
- Other
Biden Administration Policy Documents
-
Biden Administration Action
Original Source:
Ratification of Department Action
-
Biden Administration Action
Original Source:
Ratification of Department Action