Sets forth requirements for delivery bonds (guaranteeing delivery of an alien against whom the Department of Homeland Security (DHS) has issued an order to show cause or a notice to appear) and bonding agents.
Requires such bonds to expire one year from the date of issue, at cancellation or upon surrender of the principal, or immediately upon nonpayment of the renewal premium.
Authorizes annual renewal.
Requires cancellation of delivery bonds and exoneration of the surety:
(1) for nonrenewal after the principal's surrender for removal;
(2) if the surety or bonding agent provides reasonable evidence of misrepresentation or fraud in the bond application;
(3) upon the death or incarceration of the principal or the surety's inability to produce the principal for medical reasons;
(4) if the principal is detained by a law enforcement agency;
(5) if it can be established that the principal departed the United States without permission;
(6) if the foreign state of which the principal is a national is designated under temporary protected status provisions after posting of the bond; or
(7) if the principal is surrendered to DHS, upon removal by the surety or bonding agent.
Authorizes the surrender of the principal to DHS for removal at any time, before bond conditions are breached, if the surety or bonding agent believes that the principal has become a flight risk.
States that a principal may be surrendered without the return of any bond premium if the principal:
(1) changes address without providing advance written notice to the surety, bonding agent, and Secretary;
(2) hides or is concealed from the surety, bonding agent, or Secretary;
(3) fails to report to the Secretary annually; or
(4) violates the contract with the bonding agent or surety, commits any act that may lead to a breach of the bond, or otherwise violates bond obligations or conditions.
Gives bonding agents or sureties desiring to surrender the principal the right to:
(1) petition the Secretary or any Federal court, without payment of fees or court costs, for an arrest warrant;
(2) receive two certified copies of such warrant and the bond undertaking; and
(3) pursue, apprehend, detain, and surrender the principal to any DHS detention official or facility or to any detention facility authorized to hold Federal detainees.
Requires all delivery bonds to be secured by a corporate surety that is certified as an acceptable surety on Federal bonds and whose name appears on Treasury Department Circular 570 and to set forth specified information.
Requires information about warrants for a principal's arrest to be entered into the National Crime Information Center database.
Gives bonding agents or sureties complete access to information about the principal held by Federal, State, or local governments (or any related subsidiary or police agency) that the Secretary determines may be helpful in locating or surrendering the principal.
Establishes graduated penalties for bonding agents and sureties who fail to surrender a principal within 15 months of the issuance of an arrest warrant, subject to waiver.
Gives bonding agents or sureties the absolute right to locate, apprehend, arrest, detain, and surrender any principal, wherever he or she may be found, who violates any bond term or condition.
Limits total liability on any surety undertaking to the face amount of the bond.
Makes this section applicable to bonds and surety undertakings executed before, on or after the date of enactment of this Act.