ACLU files class action demanding ICE return seized belongings to released detainees
The ACLU has sued Immigration and Customs Enforcement in federal court, seeking an order that ICE hand back personal items it has kept after detainees are released.
The ACLU filed a class-action lawsuit in the District of Columbia federal court challenging Immigration and Customs Enforcement’s practice of keeping personal property after detainees are released. The complaint seeks an injunction requiring ICE to return items such as employment authorization documents, passports, wedding rings and other valuables that have been held for months, alleging the agency’s de facto policy violates its own Confiscation Directive and Detention Directives.
The ACLU points to a pattern that began after President Donald Trump returned to office in January 2025, noting that seven named plaintiffs—migrants from Venezuela, El Salvador, Cuba, Colombia, Guatemala and Russia—have been unable to recover their belongings for at least five months, leading to job loss and other hardships. The suit cites a 2024 D.C. Circuit decision in Asinor v. District of Columbia that found similar police conduct unconstitutional under the Fourth Amendment.
Senior ACLU attorney Michael Perloff highlighted the need to protect property rights, while the case has been assigned to Judge Carl Nichols, a Trump appointee. The Department of Homeland Security has not commented.
Why it matters
It challenges a government practice that deprives released immigrants of essential documents and personal items, affecting their ability to work and live.
How this story developed
- Aug 13 San Antonio immigrants live in constant fear as ICE arrests surge
- Sep 20 A man was wounded after being shot by U.S. Immigration and Customs Enforcement officers in North Austin, Texas, and taken to a local hospital.
- Sep 27 A federal judge scheduled a personal appearance for the man on September 30 and issued a temporary order halting his deportation.
- Sep 29 The U.S. Supreme Court granted the Justice Department’s emergency request, letting the Trump administration continue deporting migrants to third countries while the policy’s legality is examined.
- Sep 30 Supreme Court issued an emergency order allowing third‑country deportations to continue.
- Sep 30 An immigration judge ruled that Salah Sarsour, head of Wisconsin’s largest mosque, can be deported on national-security grounds despite his claim that the case targets his Palestinian-rights advocacy.
- Sep 30 The Justice Department lodged complaints with the 8th Circuit alleging that Minnesota federal judges made partisan statements about a Trump-era deportation surge.
- Oct 1 A federal indictment charging Garces Perez with assault was filed.
- Oct 3 The filing requests that the judges be barred from hearing Department of Homeland Security cases.
- Oct 3 A Chicago immigration judge allowed a possible deportation of Salah Sarsour.
- Oct 8 A person was shot by federal agents in Marble Hill, Bronx, and is now receiving treatment at a nearby hospital.
- Oct 9 ICE announced it will continue enforcement actions in New York City despite the shooting.
- Oct 10 Protests spread to Manhattan and lower Manhattan, drawing thousands of demonstrators.
- Oct 10 An off‑duty ICE agent was shot after allegedly assaulting a homeowner and his father in Fresno.
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