Sponsor
Chellie Pingree
Representative · D-ME
Representative · D-ME
The bill limits DHS's ability to hold released immigrants' identity documents—restoring travel, work, and access while increasing transparency—but still allows retention for fraud/evidence (which can delay practical identity use) and imposes administrative burdens on DHS.
Immigrants released from DHS custody will generally get back passports, green cards, work permits, IDs, and similar documents, restoring their ability to travel, work, and access services.
Immigrants whose documents are retained for fraud or criminal-evidence reasons will usually receive a written explanation and often a certified copy, improving transparency and due process around DHS evidence retention.
Immigrants (and employers/small businesses who hire them) are protected from arbitrary DHS retention of identity documents for operational convenience or speculative enforcement, reducing barriers to employment, housing, and commerce after release.
Immigrants may still face delays proving identity or work eligibility because DHS can retain documents it deems fraudulent or needed as criminal evidence.
Immigrants and businesses may be harmed because certified copies provided when originals are retained may not be accepted for international travel or by some employers, limiting the practical usefulness of returned documentation.
Federal employees and DHS operations could face increased administrative burden and cost to process, document, and return identity papers promptly, potentially complicating investigations or requiring new procedures.
Based on analysis of 4 sections of legislative text.
Requires DHS to return covered identity and immigration documents to individuals released from custody, with narrow exceptions and notice/copy rules.
Official title: To amend the Immigration and Nationality Act to require the Secretary of Homeland Security to return identification documents to individuals upon their release from custody, and for other purposes.
Introduced February 25, 2026 by Chellie Pingree · Last progress February 25, 2026
Requires the Department of Homeland Security to return people’s original personal documents when the person is released from DHS custody, with only narrow exceptions (fraudulent documents, contraband/evidence in a pending criminal case, or when federal law prohibits possession). If DHS keeps a document under an allowed exception, it must give the person a written explanation and a certified copy unless the law forbids doing so. The bill defines which kinds of documents are covered (passports, green cards, driver’s licenses, birth certificates, Social Security cards, employment authorization documents, and similar government-issued identity papers) and prohibits retaining them for operational convenience or future immigration enforcement planning.