After Scathing GAO Report, Border Patrol Agents Face New Rule on Disposing Migrants’ Belongings

WASHINGTON – U.S. Customs and Border Protection (CBP) will implement new guidelines to ensure that migrants’ personal belongings are treated with greater respect. This decision follows a revealing report detailing the confiscation and permanent loss of essential items, including medication, clothing, mobile phones, cash, and identification documents during their detention.

The updated directives categorize legal documents, contact information, and religious items as “essential personal property” that cannot be confiscated. Additionally, personal belongings such as phones, cash, and significant sentimental items will now be securely stored, and migrants will receive written instructions on how they can retrieve these items.

A report released in April by the Government Accountability Office (GAO) validated long-standing grievances from migrants and advocates, showcasing numerous cases where migrants lost vital documents such as birth certificates and significant personal items. In several Border Patrol sectors, migrants were reportedly limited to what could fit in a small plastic bag, leading to the disposal of the rest.

The American Civil Liberties Union (ACLU) praised the changes, yet Noah Schramm, a border policy strategist for the ACLU of Arizona, voiced lingering concerns over potential loopholes. He pointed out that the not-so-clear directives may lead to situations where migrants might need to travel significant distances back to reclaim their belongings after being moved or released from detention.

“The risk is that Border Patrol field locations might interpret the directive only to require storage of belongings, not their return upon release,” Schramm noted. “This could create scenarios where individuals have to undertake lengthy journeys back to retrieve their property.”

In February, the ACLU, alongside various immigrant advocacy groups, published a report challenging CBP policies for failing to ensure humane treatment regarding the handling of migrants’ belongings. Some reports revealed that authorities confiscated essential items like medication and money, contributing to a cycle of distress for those detained.

The new CBP directive aligns with GAO’s recommendations, aiming to enhance the management of personal belongings and to provide clear retrieval instructions for migrants. It stipulates that CBP will allow detainees to keep as much property as their facilities can accommodate, factoring in safety, transportation limits, and availability.

While the directive marks a positive change, items considered health hazards, such as filthy clothing, can still be discarded. Various migrants have expressed that border agents have been excessively stringent when executing this policy, often leading to unnecessary confiscations based on assumptions about the condition of their belongings.