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Confiscation and Return of Original Documents
FOR OFFICIAL USE ONLY
order of removal is entered against them. Therefore, if an LPR who is not in
custody and not a final order requests the return of a government-issued
document, the ERO officer should ensure the document is returned in a timely
manner. A copy of the document should be placed in the LPR’s A-File.
5.7 Criminal Prosecutions. For cases being presented to the U.S. Attorney’s Office
for criminal prosecution, ICE will retain all confiscated government issued
documents. Identity documents are not to be shredded upon completion of the
criminal prosecution. If the identity documents were in a prosecution work folder,
they must be returned to the A-File.
5.8 Noncitizens under Orders of Supervision. Generally, ICE will retain all foreign
issued identity documents, including, but not limited to, passports, identity cards,
and birth certificates of noncitizens under a final order of removal, as these may
be needed to obtain a valid travel document for the noncitizen in order to
effectuate removal.
5.9 Requests by Foreign Governments. When an administratively final order of
removal has been issued and is in effect, ICE officials generally prepare and
submit a request for a travel document to the noncitizen’s embassy and/or
consular office. Such requests include copies of documents that may verify an
individual’s identity, citizenship and/or nationality. ICE will retain the originals of
the government issued documents submitted to the embassy and/or consular
office. However, if foreign and/or domestic officials submit written inquiries
requesting the return of the original document(s), after conferring with local OPLA,
ICE may surrender the document(s) and follow similar procedures as in section
5.2.
No information contained in or related to an asylum application may be released
to a foreign government
1
.
5.10 Fraudulent Documents. Foreign and domestic government documents (i.e.,
passports, social security cards, driver’s licenses, etc.) that are suspected to
be counterfeit or were obtained fraudulently will be confiscated and retained
by ICE officials in all instances. Only documents believed to be authentic will
be considered for return or certified copies.
5.11 Notice to Detained Noncitizens. The detainee handbook or equivalent should
notify noncitizens that, upon request, they will be provided an ICE/ERO-certified
copy of their documents (e.g., passport, birth certificate) and describe the process
for requesting copies.
6. Recordkeeping. All documents created or received by ICE must be maintained in
accordance with a National Archives and Records Administration (NARA) General
Records Schedule or an applicable DHS or ICE records schedule. If a schedule
1
See “Disclosure to third parties,” 8 CFR § 208.6