ICE Is Being Sued For Refusing to Return Detainees’ Papers and Property

Seven individuals who were previously detained by Immigration and Customs Enforcement (ICE) have filed a lawsuit against the agency, claiming that ICE has unlawfully refused to return their personal documents and belongings since their release from custody. The items in question include Social Security cards, employment authorization documents, and phones, which the plaintiffs allege violates the Fourth Amendment and ICE's own confiscation directive.

The directive states that officers may only retain belongings for a clearly defined reason, such as relevance to a criminal case. The American Civil Liberties Union (ACLU) of the District of Columbia is among the organizations representing the seven plaintiffs, drawing from a 2024 federal appeals court ruling in Washington, DC that prohibited police from holding personal property for unreasonable lengths of time.

The lawsuit contends that withholding items like employment documents prevents immigrants from maintaining their jobs, as some plaintiffs have already lost their positions. Furthermore, the lack of documentation makes them fearful of leaving their homes. One plaintiff from Russia named Vladimir Izmailov, who has an ongoing asylum case, stated that he cannot secure employment without his work authorization documents, and ICE has not returned these items or others, including his wedding ring, for over five months.

This has forced him to rely on borrowed money to pay rent and sustain himself, his wife, and their two children. The lawsuit follows a string of reports detailing similar incidents, with one attorney, Graham Ojala-Barbour, stating that it is more the norm than an exception for individuals not receiving their belongings back. Federal law mandates that noncitizens carry proof of their lawful status, and the lack of returning these documents essentially forces individuals to walk around without the required identification, according to Julia Decker, policy director of the Immigrant Law Center of Minnesota.

The plaintiffs are seeking an order from the court to compel ICE to return their items and to cease unlawfully retaining property without a valid reason.