Reps Ramirez, Grijalva & Senators Welch, Durbin, Duckworth Lead Bicameral Bill to Standardize CBP Handling of Personal Belongings
Washington, DC– Today, Congresswoman Delia C. Ramirez (IL-03), Vice Ranking Member of the House Committee on Homeland Security, announced the introduction of the bicameral CBP Guidance on Personal Belongings Act, legislation requiring U.S. Customs and Border Protection (CBP) to develop guidance for the respectful handling of personal property of individuals who are arrested or detained by CBP. Congresswoman Ramirez joined Congressman Raúl Grijalva (AZ-07) and Senators Peter Welch (VT-D), Dick Durbin (IL-D), and Tammy Duckworth (IL-D) for the introduction.
When people arrive at the U.S.-Mexico border, they often carry their most important personal belongings, such as medication, phones, money, and identity documents. When met by CBP officials, these belongings are often forcibly confiscated and discarded, creating extreme hardship for immigrants and challenges for local governments and nonprofit organizations assisting migrants released from CBP custody.
CBP issued a directive in August requiring its personnel to safeguard and return migrants’ personal belongings. The CBP Guidance on Personal Belongings Act would require by law for CBP to maintain such a directive and would – critically – establish a monitoring mechanism for the directive’s implementation.
“For years, civil society organizations and service providers on the ground have brought to light hundreds of cases where CBP personnel have stripped migrants of essential belongings, including life-saving medication, identity documents, and items of religious significance. The issue becomes particularly critical when migrants, especially children, lack their prescribed medications and require emergency care while in custody,” said Congresswoman Ramirez. “I am proud to lead a bicameral effort to improve CBP’s consistency and efficiency in safeguarding and returning migrants’ essentials and prevent unnecessary pain for those who have already survived immense danger and trauma.”
“Everyone deserves to be treated with dignity and respect—including people looking to make a better life in America. There’s no reason to take away medications, legal documents, religious items, and family heirlooms that do not pose a safety risk,” said Senator Welch. “Our bill will safeguard the personal belongings of people migrating to the United States, increase accountability for CBP, and improve the treatment people receive while going through the immigration system.”
"For years, we’ve seen the devastating impact of CBP’s confiscation and destruction of migrants' personal belongings – items like medications, important documents, money, and religious items. This bill is a vital step to ensure that CBP is held accountable for protecting the personal property of migrants. The CBP Guidance on Personal Belongings Act will provide the necessary safeguards to protect migrants’ rights by ensuring clear standards and oversight are enshrined into law to prevent this unjust practice from continuing. I am proud to co-lead this legislation and will keep fighting for the dignity and rights of every person, regardless of their immigration status," said Congressman Grijalva.
The bill is cosponsored by Reps. Nydia Velázquez (NY-07), Eleanor Holmes Norton (DC), Yvette Clarke (NY-09), Juan Vargas (CA-52), Daniel Goldman (NY-10), Cori Bush (MO-01), James McGovern (MA-02), Jesús “Chuy” García (IL-04), Lou Correa (CA-46), Robert Menendez (NJ-08), Nanette Barragán (CA-44), Rashida Tlaib (MI-12), Ilhan Omar (MN-05), Robert Garcia (CA-42), Shri Thanedar (MI-13), Darren Soto (FL-09), Adriano Espaillat (NY-13), and Veronica Escobar (TX-16).
Endorsers include the Congressional Hispanic Caucus, American Civil Liberties Union, Church World Service, Hindus for Human Rights, Sikh Coalition, and Protect AZ Health.
“For years, border officials have arbitrarily confiscated--and sometimes destroyed--arriving immigrants’ belongings, including medication and legal documents, inflicting unnecessary suffering on individuals and their families. This legislation is essential to rein in these abusive practices and uphold the dignity and rights of people seeking refuge or a better life in the United States,” said Sarah Mehta, Senior Border Policy Counsel for the American Civil Liberties Union.
“We are deeply grateful to Congresswoman Ramirez, Congressman Grijalva, and Senator Welch for introducing this legislation as a vital step towards ensuring the humane treatment of individuals in U.S. Customs and Border Protection custody. The issue of migrant property confiscation is particularly relevant for the Sikh community, whose personal effects often include deeply significant articles of faith like turbans. By establishing clear guidelines to safeguard these and other essential belongings, the bill reflects a meaningful commitment to dignity and human rights – and it should help ensure that no one is forced to compromise their faith or identity during detention,” said Deepali Gill, Federal Policy Manager of the Sikh Coalition.
"The CBP Guidance on Personal Belongings Act is about preserving human dignity. This bill ensures that a newcomer’s essential belongings remain with them or are safely stored and returned when they are in CBP custody. By preserving access to identity and legal documents, items of religious significance, and medical property, this bill provides comfort and reduces harm,” said Danilo Zak, Director of Policy at Church World Service. “CWS thanks Representative Ramirez, Representative Grijalva, and Senator Welch for introducing legislation that will help ease the needs of prospective new Americans and alleviate the trauma of displacement that so many undergo to be part of our great country. CWS will continue to push for the rights of those seeking protection at the border and in CBP custody.”
"ProtectAZ Health, a medical organization serving vulnerable asylum seekers, strongly supports the CBP Guidance on Personal Belongings Act. Over the last three years since our inception, we have witnessed the harmful effects of medication confiscation by Customs and Border Protection,” said Emily Snyder, Medical Director of ProtectAZ Health. “Children have suffered seizures due to missing critical medications, and diabetics have been hospitalized from elevated blood sugar caused by medication lapses. We have worked diligently to track these cases and collaborate with CBP to address these systemic issues. This bill formalizes years of efforts to ensure migrants, and their belongings are treated with respect, preserving their health and dignity upon entering the United States."
"At Hindus for Human Rights, we believe that respecting a person's dignity starts with protecting what’s most personal to them – whether it’s a religious item, a medical necessity, or the documents that tell their story,” said Sunita Viswanath, Executive Director of Hindus for Human Rights. “This bill is about making sure migrants are treated with the humanity and care they deserve, no matter the circumstances. It’s a step toward accountability and fairness, and we’re proud to stand alongside our partners to support this effort. Policies like this are a reflection of our shared values: compassion, justice, and the belief that everyone deserves to be treated with respect."
For the full text of the bill, CLICK HERE.
BACKGROUND
While CBP’s confiscation and discarding of individuals’ personal belongings has been a longstanding issue, a group of advocates published a report earlier this year revealing the extent of the problem. The Government Accountability Office (GAO) released a separate report a few months later that found radical inconsistencies across U.S. Border Patrol stations in how migrants’ personal property is handled and recommended that CBP issue clarifying guidance. Members of Congress have repeatedly voiced concerns regarding CBP’s treatment of migrants’ personal belongings over the last two years. In July, Members of Congress sent a bicameral letter to DHS to elevate our ongoing concern regarding CBP’s forced trashing and confiscation of vital personal belongings of migrants in its custody.