ICE sued over alleged nationwide withholding of detainees’ property

Seven individuals who were released from civil immigration detention have filed a federal class-action suit in Washington, alleging that Immigration and Customs Enforcement (ICE) routinely retains passports, work permits, driver’s licenses, and personal belongings after release. The complaint seeks certification of a nationwide class covering anyone detained since January 20, 2025 whose property was not returned, as well as two subclasses for documents and personal items. Plaintiffs request a court order declaring the practice unlawful, mandating the return of all seized property, and requiring ICE to adopt safeguards for storing and releasing detainees’ belongings.

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The plaintiffs contend that ICE’s failure to return essential documents leaves former detainees unable to work, drive, or secure housing, forcing some to borrow money or become homeless. One plaintiff, a Ukrainian-born Russian asylum seeker, reports that ICE kept his driver’s license, employment authorization document, wallet, belt, and wedding ring after his release. Another plaintiff, a Guatemalan dishwasher, says ICE has yet to return cash, a backpack, and other personal effects. The complaint cites “well over 40” documented instances of retained government-issued documents and a similar number for other personal property, though these figures have not been independently verified.

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• Seven named plaintiffs are named in the filing.

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• The complaint alleges over 40 recent instances of withheld documents and over 40 instances of other personal property.

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• ICE has detained more than 610,000 people since the Trump administration returned to office, according to the filing, with about 80 % arrested in the U.S. interior (analysis by The Marshall Project).

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• One plaintiff reports homelessness after being unable to obtain medical care for a heart condition due to lack of documentation.

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Michael Perloff, senior staff attorney at the ACLU of D.C., said the Fourth Amendment exists to prevent government agents from keeping property without justification. Former New Jersey Attorney General Matt Platkin emphasized that passports, work permits, and birth certificates are not ICE’s to retain indefinitely and called for accountability. Both statements frame the alleged practice as a violation of constitutional protections and ICE’s own operational rules, which require a “clearly articulated operational need” and the provision of certified copies to detainees.

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• “ICE refusing to return my belongings has made a horrible experience even worse,” — Vladimir Izmailov

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