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What Happens to Immigrants’ Belongings When ICE Detains Them?

  • Writer: Staff
    Staff
  • 15 minutes ago
  • 2 min read

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When U.S. Immigration and Customs Enforcement detains someone, the handling of their belongings and assets varies widely, often leaving detainees struggling to protect their property while in custody, according to immigration attorneys and advocacy groups.


When an individual is arrested, ICE or the arresting agency confiscates the personal items they are carrying — including wallets, cash, identification documents, cellphones, keys, jewelry and personal papers. The items are inventoried and stored at the detention facility. If the detainee is released on bond, parole or after winning their case, the belongings are returned. If the person is deported, the agency typically attempts to send the property with them or allows a designated person to pick it up. Unclaimed items may eventually be discarded or donated.

Digital devices may receive additional scrutiny. While many phones and laptops are stored with other property, ICE can seize electronics as evidence in cases involving suspected crimes or immigration fraud. Devices taken as evidence may not be returned, even after a detainee is released.


Larger assets, such as vehicles, homes and bank accounts, are not automatically seized by ICE. But detention can trigger significant consequences. If someone is arrested while driving, local police — not ICE — may tow and impound the vehicle, leaving the detainee or their family to pay fees to retrieve it. Unclaimed vehicles may be auctioned.


Homes also remain in the detainee’s name. However, prolonged detention can cause homeowners to fall behind on mortgage payments, leading to possible foreclosure. Some immigrants sign powers of attorney before deportation to allow relatives to manage bills and property in their absence.


ICE does not freeze bank accounts. Still, detainees may lose access to accounts if they no longer have valid identification or are deported. Automatic payments may continue or bounce, and some banks place restrictions on accounts once a customer is no longer in the United States.


Inside detention facilities, money confiscated from a detainee is held in an account that can be used to buy commissary items. If deported, detainees typically receive their remaining balance in the form of a check or a debit card issued before removal.


Transfers between detention centers can complicate matters further. ICE frequently moves detainees with little notice, and while property is supposed to travel with them, advocates say items are often misplaced. Phones, identification and legal documents are among the belongings most commonly lost, and the transfer of cash balances can be delayed.


For detainees without relatives or trusted contacts in the United States, the risks are greater. Without someone to collect mail, make mortgage or rent payments, retrieve impounded cars or manage bank accounts, individuals can lose property simply because they cannot access it from custody. Some nonprofit groups and lawyers help immigrants set up emergency plans or assign powers of attorney, but many detainees remain vulnerable.


Advocates say the lack of consistent safeguards highlights gaps in the detention system that can have lasting financial consequences for noncitizens caught in immigration enforcement.

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