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DHS proposes new requirements for surety companies underwriting immigration bonds

  1. Original Date Announced

    July 31, 2020

    DHS 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 Breaches
  2. Effective Date

    August 31, 2020
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  4. Biden Administration Action: Approved/Retained

    April 15, 2021

    2021.04.15 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 Document
  5. Biden Administration Action: Approved/Retained

    July 30, 2021

    2021.07.30 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 Document

Current Status

Fully in Effect
April 15, 2021
Acted on by Biden Administration
July 30, 2021
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Rule
Subject Matter: Detention
Agencies Affected: ICE

Pre 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

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