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Lawsuit Against ICE Over Withheld Documents of Released Immigrants
10 min read
On October 13, 2026, a lawsuit against ICE was filed over the agency's failure to return the documents and belongings of people who had already been released from immigration detention. The case touches something very concrete: without a passport, a work permit or an ID, a released person is left stranded on the outside.
In brief: the lawsuit against ICE over withheld documents
The case is Gonzalez v. U.S. Department of Homeland Security, number 1:26-cv-03564, in the U.S. District Court for the District of Columbia.
It was filed on October 13, 2026 as a class action seeking declaratory and injunctive relief, not money.
The defendants are the Department of Homeland Security, its Secretary, ICE and the official performing the duties of the agency's director.
The complaint alleges that ICE keeps seized property long after any legitimate reason to hold it has expired.
Among the items withheld are passports, work permits, Social Security cards, driver's licenses, phones, cash and car keys.
One plaintiff has waited more than five months for the return of his work authorization documents and his wedding band.
The central argument rests on the Fourth Amendment, which bars unreasonable seizures.
Seven people appear as named plaintiffs, on behalf of others in the same situation.
Important: filing a lawsuit does not mean the court has already ruled. It is the beginning of the case, not the end.
What exactly does the lawsuit against ICE allege?
That the agency holds on to belongings after releasing a person, even when no legal reason to keep them would remain. According to the complaint, this is a de facto practice rather than a written rule, repeated since January 2025.
The distinction matters. No one disputes that an agency may store someone's property while that person is in custody. By contrast, what the complaint questions is what happens afterward: when the person walks out and the documents do not walk out with them.
In addition, the complaint says the problem would not be an isolated error at one office. That is, it describes a pattern repeated in different places and with different people. Therefore, the plaintiffs ask the court to treat it as a general practice rather than as scattered incidents.
What documents and belongings are allegedly withheld?
The very items a person needs to function day to day. The complaint describes specific cases, and the list helps show the scale of the problem.
Identity documents: passports and driver's licenses.
Immigration documents: work permits and proof of immigration status.
Official records: Social Security cards.
Personal property: cell phones, cash and car keys.
Other effects: clothing and personal items, including a wedding band.
Source: class action complaint in case 1:26-cv-03564, U.S. District Court for the District of Columbia, October 13, 2026. Verified on October 30, 2026.
Note: one plaintiff, an asylum seeker with a pending case, has gone more than five months without recovering his work authorization documents.
What consequences does the lawsuit against ICE describe?
A domino effect that starts with work. Without a work permit or an ID, a person loses a job or cannot take a new one. The rest of the consequences follow.
The complaint cites lost job opportunities, difficulty proving identity in any transaction, the cost of replacing documents that were never lost, and the fear of leaving home without identification because of the risk of another arrest.
It is important to understand why this weighs so heavily. Without a valid identity document, a person cannot open an account, sign a lease or prove who they are to an authority. For that reason, the absence of a single piece of paper becomes an obstacle to nearly everything else.
Likewise, there is a direct economic effect on families. According to the complaint, one person had to borrow money to pay his family's rent, and cannot drive or afford replacements.
What rights does the lawsuit against ICE invoke?
Primarily the Fourth Amendment to the Constitution, which protects against unreasonable searches and seizures. The argument is straightforward: the Constitution does not allow property to be kept once the justification for holding it disappears.
That argument is not new in this court. According to public information about the case, in 2024 the D.C. Circuit applied the Fourth Amendment to a similar practice by a local police department. Therefore, the plaintiffs argue that an applicable standard already exists.
One clarification helps here. Federal law gives immigration officers broad authority, but that authority has limits, and one of them is how long someone else's property may be held. That is, the dispute is not whether the agency may seize, but how long it may retain.
In addition, the complaint argues the agency would be failing to follow its own rules on handling and returning documents and personal property. In other words, not only the Constitution, but its internal policy as well.
What is a class action and why does it matter here?
It is a case in which a few people sue on behalf of everyone in the same situation. The federal rule that governs it is Rule 23 of the Rules of Civil Procedure.
Its practical importance is considerable. If the court certifies the class and rules in the plaintiffs' favor, the remedy does not help only the seven named plaintiffs, but the entire group that fits the definition. Therefore, a single ruling can change the situation of thousands of people.
Caution: the existence of a class action does not mean you are automatically included or that you will receive anything. The court still has to decide whether to certify the class.
What does the lawsuit against ICE ask the federal court for?
Four concrete things, and none of them is money. First, the return of documents and belongings held without justification. Second, an end to the practice they consider unlawful. Third, measures to keep it from happening again. And fourth, that the case move forward as a class action.
In legal terms, that is called a suit for declaratory and injunctive relief. In other words, they seek a change in conduct, not compensation.
For that reason, this case should not be confused with a claim for money. If the court sides with the plaintiffs, the expected result is the return of the property and an end to the practice, not a payment. However, each person may also have other avenues depending on their situation, and that is precisely what should be reviewed with an attorney.
What does this mean for you?
That the problem is now documented before a federal court, which already counts for something. However, it is worth being honest: the case is just beginning and a ruling may take months or years.
Therefore, if your documents were withheld, waiting for this case to resolve is not the useful course. Instead, what helps is organizing your situation now, in case you later need to show what was taken and when.
In addition, your immigration situation affects what options you have. For example, a person with an open court case is not in the same position as someone with no pending proceedings. For that reason, we recommend not relying on what worked for someone else.
What should you do if your documents were not returned?
Keep everything you have. Any receipt, property inventory form, notice or paper handed to you at the time of arrest or release has value. In addition, write down dates, places and names if you remember them.
That said, which steps apply in your particular case depends on your immigration situation and on where you were detained. For that reason, we recommend reviewing it with an attorney before taking steps on your own.
It is also worth reading our guides on how to prepare for ICE detention and what to do during an immigration arrest, since both deal precisely with handling documents.
What if what is missing is your work permit?
That situation became more delicate this year. Since October 2025, filing a renewal no longer automatically extends employment authorization in several categories. That is, being left without that document carries more weight than before.
You can read the details in our article on the end of certain automatic work permit extensions. Important: if your permit is being withheld and is also close to expiring, that combination should be reviewed urgently.
What do we recommend?
We recommend three things. First, gather and keep every receipt you have, even those that seem irrelevant. Second, make a written list of what is missing, with dates. And third, seek legal guidance to assess what options exist in your case.
At our firm, your case is reviewed in a consultation with attorney Jesús Reyes. Our consultations are not free. However, they allow a thorough review of your file and an honest answer about the legal alternatives in your situation. We also offer emergency consultations, which are scheduled sooner and cost more. You can schedule your consultation here.
It is also worth knowing about our immigration court representation services.
Frequently asked questions about the lawsuit against ICE
Has this lawsuit already forced ICE to return documents?
No. It was filed on October 13, 2026 and the court has not ruled. Filing a lawsuit is the start of the process, not its outcome.
Am I automatically included in the class action?
Not automatically. The court must first decide whether to certify the class and how to define it. For that reason, it is worth reviewing your case with an attorney rather than assuming you are covered.
What do I do in the meantime if I need my passport?
Keep every receipt and seek legal guidance. There are avenues to request the return or replacement of documents, but which ones apply depends on your specific situation.
Can I be arrested again for being out without identification?
The complaint describes that fear among the consequences the plaintiffs allege. It is a real concern, and for that reason we recommend reviewing your situation as soon as possible.
Does this apply only in Washington, D.C.?
The case was filed in the U.S. District Court for the District of Columbia, but it alleges a nationwide practice. Its reach will depend on what the court decides.
Where can I verify the lawsuit against ICE?
In the public docket for the case, which we link at the end. The number is 1:26-cv-03564, in the District of Columbia.
Conclusion
Losing your own documents is not a paperwork issue: it is losing the ability to work, to prove who you are and to move around with peace of mind. That is why this lawsuit against ICE matters more than its technical framing suggests.
Even so, it is worth keeping expectations grounded. The case is only starting and the court has decided nothing. In fact, what is in your hands today is documenting your situation and seeking guidance. It is important that you keep every receipt you have.
If you were released from immigration detention and have not recovered your documents or belongings, contact us. We handle cases worldwide from our office in Miami, Florida. We are here to advise you and review your specific situation.
See also our frequently asked questions and the rest of the updates on our blog.
