ACLU Sues ICE Over Failure to Return Detainees' Personal Property

The American Civil Liberties Union (ACLU) has filed a class action lawsuit against U.S. Immigration and Customs Enforcement (ICE), alleging that the agency routinely fails to return personal property to individuals after they are released from immigration detention. The suit, filed in the U.S. District Court for the District of Columbia, seeks an injunction to compel the government to return wrongfully held items and to halt further withholdings.

Allegations of Withheld Property

According to the ACLU, ICE has maintained a de facto policy of holding onto the personal property of individuals detained following civil immigration arrests "long after any legitimate governmental interest in the property has expired." The complaint states that since President Donald Trump returned to office in January 2025, ICE has routinely failed to return important items seized from people detained for civil immigration purposes after releasing them.

The withheld items include government-issued documents such as passports, Employment Authorization Documents, driver’s licenses, and Social Security cards, as well as money, jewelry, cell phones, car keys, and clothing. The ACLU argues that these items have been held for months after individuals were released from ICE custody.

Impact on Plaintiffs

The lawsuit names seven plaintiffs who have been detained by ICE and have been unable to obtain their possessions since their release. At least five months have passed for each plaintiff in their recovery efforts. The plaintiffs include migrants from Venezuela, El Salvador, Cuba, Colombia, Guatemala, and Russia.

Vladimir Izmailov, a Russian asylum seeker, stated that ICE seized his wedding band, belt, wallet, driver’s license, and employment authorization documents. "ICE detained me in terrible conditions, without proper nutrition and medical care for months," Izmailov said. "Now, I’m struggling to provide for my family because ICE still has my documents that show I am authorized to work. ICE even still has my wedding ring, which holds great sentimental value for me and cannot be replaced."

The ACLU reports that as a result of these withholdings, plaintiffs have lost their jobs, feared leaving their homes due to lack of documentation, and suffered other personal and economic hardships.

Legal Basis and Directives

The plaintiffs argue that ICE has ignored two relevant directives meant to govern its handling of detainees’ property. The first, the "Confiscation Directive," requires that any decision to retain documents be based on a "clearly articulated operational need." The second, the "Detention Directives," requires that other forms of property be safeguarded and returned to detainees upon their release unless there is an ongoing, legitimate governmental interest.

Michael Perloff, senior staff attorney at the ACLU of D.C. and lead attorney in the case, cited a 2024 decision by the U.S. Court of Appeals for the District of Columbia Circuit in Asinor v. District of Columbia, which held that a similar practice by the Metropolitan Police Department violated the Fourth Amendment. "The Fourth Amendment exists so that overzealous government agents cannot take and keep our property for no reason," Perloff said. "We cannot let ICE trample on this fundamental protection against abuse of power."

Why it matters

The case, Gonzalez v. Department of Homeland Security, highlights allegations that ICE’s practices may violate constitutional protections against unreasonable seizures. The Department of Homeland Security did not respond to a request for comment. The case has been assigned to U.S. District Judge Carl Nichols.

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Sources

• courthousenews.com: ACLU sues ICE over refusal to return personal items to detainees after release | Courthouse News Service
• acludc.org: People Released From Immigration Detention Sue ICE for Refusing to Return Their Property - ACLU of DC

This article was drafted with AI assistance and checked against the sources above. Company claims are reported as claims. Cover image is AI-generated.