ICE Sued for Withholding Passports and Work Permits from Immigrants After Release

The United States Immigration and Customs Enforcement (ICE) is facing a federal lawsuit filed by seven immigrants. They allege that the agency has unlawfully held onto their passports, work permits, and other personal belongings for months following their release from detention centers.

Filed on Tuesday in the U.S. District Court for the District of Columbia, the lawsuit accuses ICE of unjustly retaining essential documents, a practice that, according to The Wall Street Journal, has led to job losses, homelessness, and other hardships for the affected individuals.

Identified as Gonzalez v. Department of Homeland Security, the lawsuit seeks to achieve class-action status to represent others in similar situations.

Personal Belongings Withheld Without Legal Justification

The plaintiffs claim that ICE continues to hold documents and items confiscated during their detention, even when there is no longer any legal basis for doing so. Items mentioned include passports, driver's licenses, work permits, Social Security cards, cell phones, money, and car keys.

The American Civil Liberties Union (ACLU), representing the plaintiffs, argues that this retention has caused economic losses, difficulties in finding employment, and fear of further detentions.

Impact on Pending Immigration Cases

The issue is particularly severe for those with pending immigration cases who need to verify their identity, status, or work authorization in the United States. Some affected individuals have been waiting over five months for their belongings to be returned, according to the attorneys.

Among the cases cited in the lawsuit is that of Vladimir Izmailov, a Russian citizen with a pending asylum application. He states that ICE still holds his work authorization documents and other personal items. Izmailov claims that without these documents, he has been unable to secure employment to support his family, forcing him to borrow money for rent.

Constitutional Violations and Agency Misconduct

The lawsuit argues that the unjustified retention of belongings violates the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures. Attorneys contend that while authorities may seize certain items during detention, they cannot retain them indefinitely without legal justification.

They also accuse ICE of failing to adhere to its internal regulations, which require a clearly identified operational need to continue holding documents, such as in cases of criminal investigations or suspected forgery.

In statements collected by Democracy Now!, Craig Martin, an attorney for the plaintiffs, emphasized that ICE must provide a legitimate operational reason for holding someone’s property. "If ICE has a legitimate operational reason for holding someone's property, it must be identified," Martin stated.

Seeking Judicial Intervention for Change

The lawsuit calls for a federal judge to order ICE to return the documents and belongings held without valid legal justification. It also seeks measures to compel the agency to amend its procedures to ensure that confiscated items are returned when there is no longer a legitimate reason to keep them.

The action is directed against both ICE and the Department of Homeland Security (DHS), as well as officials within these institutions. Lawyers argue that this isn't a series of isolated errors but a widespread practice affecting those who have regained their freedom after immigration detention.

At the time of the initial reports, neither ICE nor the DHS had publicly responded to the allegations.

This legal action arises as ICE faces additional scrutiny over the conditions of immigrant detention facilities across the United States. In early October, a federal class-action lawsuit was filed against ICE for conditions at its Miramar Field Office in Florida, where thousands of Cubans with I-220A forms are processed for immigration appointments. The lawsuit, backed by the Southern Poverty Law Center (SPLC) and Americans for Immigrant Justice, alleges that detainees have endured overcrowding, inadequate bedding, limited access to food, water, and medical care.