U.S. Immigration and Customs Enforcement has been accused of routinely withholding immigrants' identification documents, cell phones, car keys and other personal belongings for months after releasing them from detention, according to a class-action lawsuit filed by the American Civil Liberties Union.
The lawsuit, filed in federal court in Washington, D.C., alleges that ICE has maintained an unlawful practice of retaining property seized during civil immigration arrests, even when there is no legitimate reason to keep it, Courthouse News Service reported October 13.
Seven former detainees from Venezuela, El Salvador, Cuba, Colombia, Guatemala and Russia are named as plaintiffs. Each has spent at least five months trying to recover belongings, according to the ACLU.
The withheld items allegedly include passports, driver's licenses, Social Security cards, work authorization documents, cash, jewelry, clothing and electronic devices. The plaintiffs say losing access to essential documents has cost them employment opportunities and left some afraid to leave their homes.
One plaintiff, Russian asylum seeker Vladimir Izmailov, said ICE confiscated his employment authorization papers, wallet, driver's license and wedding ring.
"Now, I'm struggling to provide for my family because ICE still has my documents that show I am authorized to work," Izmailov said. "ICE even still has my wedding ring, which holds great sentimental value for me and cannot be replaced."
The ACLU argues that the alleged practice violates the Fourth Amendment and ICE's own directives, which require officials to justify retaining documents and generally return other personal property upon release unless a legitimate government interest remains.
"The Fourth Amendment exists so that overzealous government agents cannot take and keep our property for no reason," said Michael Perloff, a senior attorney at the ACLU of Washington, D.C.
The lawsuit seeks a court order requiring ICE to return the belongings and prevent similar withholding in the future. It has been assigned to U.S. District Judge Carl Nichols, a Trump appointee.
The case follows broader legal action by the ACLU over federal immigration enforcement. In an August 5 report, the organization said its affiliates had filed 54 federal tort claims across 17 states and Washington, D.C., alleging misconduct including unlawful detention, denial of medical care and retaliation against people documenting agents' actions.
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