Sponsors
The bill restores access to identity documents and adds transparency safeguards for released immigrants, but allows narrow evidence-based retention that can leave some without originals, may limit immediate document use via certified copies, and creates modest administrative costs.
Immigrants released from DHS custody will generally get their original passports, green cards, and IDs returned, restoring their ability to travel, work, and access services.
Individuals receive procedural safeguards — a written explanation when DHS retains a document and a certified copy when originals are withheld — improving transparency and ability to prove identity or status.
Prohibiting retention of identity documents for mere 'operational convenience' reduces arbitrary withholding that can disrupt employment, housing, and healthcare access, particularly for low-income immigrants.
Immigrants involved in fraud investigations or criminal proceedings may have originals retained as evidence, leaving them without original IDs during legal processes and potentially complicating travel or verification needs.
Providing certified copies instead of originals can hinder immediate uses that require original documents (e.g., some international travel or certain transactions), creating short-term access problems for affected immigrants.
Implementing tracking, review, return procedures, and issuance of explanations/certified copies will impose administrative costs on DHS, ultimately funded by taxpayers and adding workload for federal employees.
Based on analysis of 4 sections of legislative text.
Requires DHS to return original government-issued identity and immigration documents taken in custody upon an individual’s release, with limited exceptions and required explanations/copies when retained.
Requires the Department of Homeland Security to return original government-issued identity and immigration documents (like passports, green cards, work permits, birth certificates, driver’s licenses, Social Security cards) that were taken from a person while in DHS custody when that person is released, with only a few narrow exceptions. If DHS keeps a document under an exception it must give a written explanation and, unless the law forbids it, provide a certified copy; DHS may not retain documents for convenience or for possible future enforcement use.
Introduced February 25, 2026 by Chellie Pingree · Last progress February 25, 2026