103
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—
(i) shall have the right to petition the
Secretary of Homeland Security 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 2 cer-
tified copies each of the arrest warrant and
the bond undertaking, without having to
pay any fees or courts costs; and
(iii) shall have the right to pursue, ap-
prehend, detain, and surrender the prin-
cipal, together with certified copies of the
arrest warrant and the bond undertaking,
to any Department of Homeland Security
detention official or Department detention
facility or any detention facility authorized
to hold Federal detainees.
104
(B) EFFECTS OF DELIVERY.—Upon sur-
render 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) the Secretary of Homeland Secu-
rity shall immediately exonerate the surety
from any further liability on the bond.
(8) FORM OF BOND.—Delivery bonds shall in
all cases state the following and be secured by a cor-
porate surety that is certified as an acceptable sur-
ety on Federal bonds and whose name appears on
the current Treasury Department Circular 570:
‘‘(A) BREACH OF BOND; PROCEDURE, FOR-
FEITURE, NOTICE.—
‘‘(i) If a principal violates any condi-
tions of the delivery bond, or the principal
is or becomes subject to a final administra-
tive 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
105
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 10 designated Department
of Homeland Security ‘turn-in’ cen-
ters located nationwide in the areas of
greatest need, at any time of day dur-
ing 15 months after mailing the ar-
rest warrant and the order to the
bonding agent and the surety as re-
quired by subclause (III), and imme-
diately enter that order into the Na-
tional 
Crime 
Information 
Center
(NCIC) 
computerized 
information
database; and
‘‘(III) mail 2 certified copies each
of the arrest warrant issued pursuant
to subclause (I) and 2 certified copies
each of the order issued pursuant to
subclause (II) to only the bonding
agent and surety via certified mail re-
turn receipt to their last known ad-
dresses.
106
‘‘(ii) Bonding agents and sureties
shall immediately notify the Secretary of
Homeland Security of their changes of ad-
dress and/or telephone numbers.
‘‘(iii) The Secretary of Homeland Se-
curity shall establish, disseminate to bond-
ing 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 prin-
cipal or bond, to be known as ‘Points of
Contact’.
‘‘(iv) A bonding agent or surety shall
have full and complete access, free of
charge, to any and all information, elec-
tronic or otherwise, in the care, custody,
and control of the United States Govern-
ment or any State or local government or
any subsidiary or police agency thereof re-
garding the principal that may be helpful
in complying with section 105 of the
107
REAL ID Act of 2005 that the Secretary
of Homeland Security, by regulations sub-
ject to approval by Congress, determines
may be helpful in locating or surrendering
the principal. Beyond the principal, a
bonding agent or surety shall not be re-
quired to disclose any information, includ-
ing but not limited to the arrest warrant
and order, received from any governmental
source, any person, firm, corporation, or
other entity.
‘‘(v) 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—
‘‘(I) immediately order that the
surety is completely exonerated, and
the bond canceled; and
‘‘(II) if the Secretary of Home-
land Security has issued an order
under clause (i), the surety may re-
quest, by written, properly filed mo-
108
tion, reinstatement of the bond. This
subclause may not be construed to
prevent the Secretary of Homeland
Security from revoking or resetting a
bond at a higher amount.
‘‘(vi) The bonding agent or surety
must—
‘‘(I) during the 15 months after
the date the arrest warrant and order
were 
mailed 
pursuant 
to 
clause
(i)(III) surrender the principal one
time; or
‘‘(II)(aa) provide reasonable evi-
dence that producing the principal
was prevented—
‘‘(aaa) by the principal’s ill-
ness or death;
‘‘(bbb) because the principal
is detained in custody in any city,
State, country, or any political
subdivision thereof;
‘‘(ccc) because the principal
has left the United States or its
outlying possessions (as defined
in section 101(a) of the Immigra-
109
tion and Nationality Act (8
U.S.C. 1101(a)); or
‘‘(ddd) because required no-
tice was not given to the bonding
agent or surety; and
‘‘(bb) establish by affidavit that
the inability to produce the principal
was not with the consent or conniv-
ance of the bonding agent or surety.
‘‘(vii) If compliance occurs more than
15 months but no more than 18 months
after the mailing of the arrest warrant and
order to the bonding agent and the surety
required under clause (i)(III), an amount
equal to 25 percent of the face amount of
the bond shall be assessed as a penalty
against the surety.
‘‘(viii) If compliance occurs more than
18 months but no more than 21 months
after the mailing of the arrest warrant and
order to the bonding agent and the surety
required under clause (i)(III), an amount
equal to 50 percent of the face amount of
the bond shall be assessed as a penalty
against the surety.
110
‘‘(ix) If compliance occurs more than
21 months but no more than 24 months
after the mailing of the arrest warrant and
order to the bonding agent and the surety
required under clause (i)(III), an amount
equal to 75 percent of the face amount of
the bond shall be assessed as a penalty
against the surety.
‘‘(x) If compliance occurs 24 months
or more after the mailing of the arrest
warrant and order to the bonding agent
and the surety required under clause
(i)(III), an amount equal to 100 percent of
the face amount of the bond shall be as-
sessed as a penalty against the surety.
‘‘(xi) If any surety surrenders any
principal to the Secretary of Homeland Se-
curity at any time and place after the pe-
riod for compliance has passed, the Sec-
retary of Homeland Security shall cause to
be issued to that surety an amount equal
to 50 percent of the face amount of the
bond: Provided, however, That if that sur-
ety owes any penalties on bonds to the
United States, the amount that surety
111
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.
‘‘(xii) 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 clause (i)(III).
‘‘(B) The Secretary of Homeland Security
may waive penalties or extend the period for
payment or both, if—
‘‘(i) a written request is filed with the
Secretary of Homeland Security; and
‘‘(ii) the bonding agent or surety pro-
vides an affidavit that diligent efforts were
made to effect compliance of the principal.
‘‘(C) COMPLIANCE; EXONERATION; LIMITA-
TION OF LIABILITY.—
‘‘(i) COMPLIANCE.—A bonding agent
or surety shall have the absolute right to
locate, apprehend, arrest, detain, and sur-
112
render any principal, wherever he or she
may be found, who violates any of the
terms and conditions of his or her bond.
‘‘(ii) EXONERATION.—Upon satisfying
any of the requirements of the bond, the
surety shall be completely exonerated.
‘‘(iii) LIMITATION
OF
LIABILITY.—
Notwithstanding any other provision of
law, the total liability on any surety under-
taking shall not exceed the face amount of
the bond.’’.
(c) EFFECTIVE DATE.—The provisions of this section
shall take effect on the date of the enactment of this divi-
sion and shall apply to bonds and surety undertakings exe-
cuted before, on, or after the date of the enactment of
this division.
SEC. 107. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.
(a) IN GENERAL.—Section 236(a)(2) of the Immi-
gration 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 cor-
porate sureties to visit in person with individuals de-
tained by the Secretary of and, subject to section
113
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 105 of the REAL ID Act of
2005 and by the Secretary, but the Secretary shall
not release the alien on or to his own recognizance
unless an order of an immigration judge expressly
finds and states in a signed order to release the
alien to his own recognizance that the alien is not
a flight risk and is not a threat to the United
States’’.
(b) REPEAL.—Section 286(r) of the Immigration and
Nationality Act (8 U.S.C. 1356(r)) is repealed.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this division.
SEC. 108. DETENTION OF ALIENS DELIVERED BY BONDS-
MEN.
(a) IN GENERAL.—Section 241(a) of the Immigra-
tion 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