ACLU Sues ICE Over Withholding Detainee Property After Release
ACLU filed a lawsuit accusing ICE of withholding detainees' personal property post-release.
Why it matters: This lawsuit spotlights critical civil rights and procedural due process issues in immigration detention practices. It is essential for in-house counsel and litigators managing immigration-related cases to understand these ongoing enforcement challenges.
- ACLU filed the class action lawsuit on October 13, 2026, in the U.S. District Court for D.C.
- Seven plaintiffs, including a Russian asylum seeker, have been denied personal property and documents for over five months.
- The lawsuit contends ICE has a de facto policy of retaining personal property long after release.
- The suit seeks an injunction to compel ICE to return withheld property and prevent future retention.
On October 13, 2026, the American Civil Liberties Union (ACLU) filed a class action lawsuit against U.S. Immigration and Customs Enforcement (ICE), accusing the agency of failing to return personal property to individuals released from immigration detention. The case was filed in the U.S. District Court for the District of Columbia and identifies seven plaintiffs who have been unable to retrieve their possessions for more than five months following their release.
One plaintiff, Vladimir Izmailov, a Russian asylum seeker, remains unable to obtain his work authorization documents and wedding band, which ICE has withheld, hampering his efforts to gain employment. This example underscores the tangible consequences of ICE's alleged withholding policies.
The ACLU alleges that ICE maintains a de facto policy of retaining personal property—ranging from essential documents to personal items—long after any legitimate governmental interest has ended. According to the ACLU, this practice effectively deprives released individuals of crucial materials necessary for their lives outside detention.
Legal experts emphasize the broader civil rights implications. Matt Platkin, former New Jersey Attorney General, stated, "ICE does not get to release people from custody and then hold their freedom hostage by keeping the documents they need to live their lives." Brian Ward, Senior Counsel at Democracy Defenders Fund, added that the Fourth Amendment protections against unreasonable seizures extend to all persons in the U.S., regardless of citizenship.
The lawsuit seeks a court injunction requiring ICE to promptly return wrongfully withheld items and to prevent the agency from continuing this practice. Kevin Fee, Legal Director of the ACLU of Illinois, noted that the complaint spotlights "one important corner of the administration’s record of abuse" involving seizure and retention of detainees' property without subsequent return.
While ICE's official response or their policies on returning personal property have not been publicly detailed, this case brings renewed scrutiny to detention enforcement methods and detainee rights, raising significant procedural due process questions for immigration enforcement authorities and the legal community.
By the numbers:
- 7 — number of named plaintiffs unable to retrieve property
- 5+ months — duration plaintiffs have been denied access to personal items
- October 13, 2026 — date the lawsuit was filed