Form I-312 at a glance
What it is: The ICE Designation of Attorney in Fact accepts, on the obligor's behalf, the return of cash deposited to secure an immigration bond and interest accrued upon final action being taken by ICE on the bond.
Who signs: Sign in ink on the Signature of Obligor (Principal) line. This designation will not be effective unless it is properly notarized.
A filled-in Form I-312 example: an obligor designates an attorney in fact
How to fill out Form I-312, box by box
Bonded Alien A-File No. and Bond No.
Enter the Bonded Alien A-File No.
Enter the Bond No. (From Form I-305 or I-352).
I, of, am the obligor on Bond No.
Fill in each blank in I, of, am the obligor on Bond No.
I designate (Attorney in Fact) of
As the obligor and principal on this bond, you designate the Attorney in Fact: fill in each blank in I designate and (Attorney in Fact) of.
You give and grant your attorney full power and authority to do and perform acts necessary to be done, to receive the proceeds of this bond once ICE has taken final action.
Refund of the deposit of cash
Your attorney is to receive a refund of the deposit of cash in the amount of $, made by you on: fill in each blank.
Fill in the blank after an immigration bond for the release of.
The reason why I am making this designation
After The reason why I am making this designation of attorney in fact is because:, write the reason.
You remain the obligor on this bond, and as such, you continue to have all obligations under the bond agreement, including the obligation to update your address with U.S. Immigration and Customs Enforcement (ICE) so that you can receive bond notifications which may require your action.
The Attorney in Fact will be responsible for any tax due on the interest accrued on this bond.
This designation will not be effective unless it is properly notarized, and until the original form is received by the Bonds Section at Financial Service Center, Burlington, ICE, P.O. Box 5000, Williston, VT 05495, its validity confirmed, and it is entered into an ICE database.
If this designation is invalid, the Bonds Section will return it to you with a brief explanation of why it is not acceptable.
IN WITNESS WHEREOF, I have hereto set my hand and seal
Fill in IN WITNESS WHEREOF, I have hereto set my hand and seal on the day of in the year.
This designation will not be effective unless it is properly notarized.
Name, Address, TIN or SSN for Attorney in Fact
Under Name, Address, TIN or SSN for Attorney in Fact, enter the name, the address and the TIN or SSN of the Attorney in Fact.
Furnishing this information is voluntary. For cash bonds, your SSN is necessary to pay interest through the U.S. Department of Treasury and to comply with Internal Revenue Service requirements to report interest payments.
STATE OF, COUNTY and the notary acknowledgment
STATE OF, COUNTY and the acknowledgment are for the Notary Public: before the Notary Public personally came the Obligor, known to the Notary Public to be the individual described in and who executed the instrument and acknowledged that s/he executed the same for the use and purpose therein contained.
These are the notary's lines: Notary Public, State of, My commission expires: and Notary Seal.
Do Not Write in this Space - Agency Only
Do not write in the space marked Do Not Write in this Space - Agency Only.
More rules for Form I-312
ICE maintains privity of contract with Obligors on immigration bonds even if the Obligor designates an Attorney in Fact to receive the proceeds of the bond once ICE has taken action on it.
ICE will not contact Attorneys in Fact, and instead will communicate only with Obligors unless Attorneys in Fact have questions about the issuance of U.S. Department of the Treasury checks for bond proceeds remittances. This condition applies even if an Obligor and an Attorney in Fact have a private agreement between themselves that passes any property interest an Obligor has in the bond proceeds to the Attorney in Fact. ICE is not in a position to ascertain whether such agreements are valid under applicable state law, and it therefore will give such agreements no effect in its management of immigration bonds.
Sources
[1] Form I-312 (3/25), Designation of Attorney in Fact, U.S. Immigration and Customs Enforcement (the Official source link on this page).