Rep. Grijalva’s Years of Advocacy Leads to New Directive Requiring CBP to Safeguard Migrants’ Personal Possessions

WASHINGTON - U.S. Customs and Border Protection (CBP) has published substantial clarifying guidance requiring agents to improve the handling, processing, and return of personal property to migrants at CBP Short-Term Holding Facilities. The changes mark a significant victory for Rep. Grijalva, who fought to spotlight the negative impacts of removing essential and cherished items from individuals for years.

"The Biden administration's new additional property handling policy represents a crucial and positive advancement in making sure our immigration system treats those seeking a better life with the dignity and respect they deserve," said Rep. Grijalva. "This is the largest step forward to safeguard the care of migrants' personal possessions, and more can still be done to fill in the gaps. I look forward to working with Secretary Mayorkas to make certain these new guidelines are implemented and building on this recent progress."

The new directive aims to address long-standing issues and abuses in Border Patrol's management of migrants' personal belongings. It clarifies that Border Patrol must protect migrants' property at holding facilities, rather than confiscate or force the disposal of their belongings. The updated policy mandates that Border Patrol either allow migrants to keep essential belongings with them while in custody or ensure these items are securely held and returned.

Key changes in the policy include:

• Defining a broad range of items as "essential," such as medical supplies, identification and legal documents, religious items, money, phones, clothing, and possessions of significant monetary or sentimental value.
• Establishing clearer, more rigorous standards for handling and replacing non-U.S. prescribed medications.
• Ensuring that items needed for medical or disability-related reasons are retained throughout the duration of custody.
• Appointing "property custodians" at all CBP short-term holding facilities to manage property handling and ensure compliance with the new regulations.

Further clarification from CBP is needed in certain areas. Although the agency has indicated that migrants' belongings should be returned to them upon release, the directive lacks specific language on this practice. This leaves room for the continuation of previous issues, where Border Patrol facilities only returned stored items to those who could manage travel back to remote holding sites with claim tickets. As written, the new policy applies mainly to short-term holding facilities, potentially allowing some Border Patrol officials to continue requiring migrants to abandon essential belongings before they enter formal processing.

Background

In August 2022, after significant reports from non-governmental organizations and individuals on the ground of CBP discarding migrant possessions, Rep. Grijalva was joined by Reps. Castro and Barragán in leading 20 members of Congress in a letter to former CBP Commissioner Chris Magnus and Acting Director of Immigration and Customs Enforcement (ICE) Tae D. Johnson on the issue.

Later that month, Rep. Grijalva was spurred by reports of CBP agents confiscating and discarding migrants' personal property, including religious property such as Sikh turbans, to inquire further on CBP's practices in handling migrant possessions and demanding accountability after continued reports of turban confiscations.

In November 2022, Rep. Grijalva, joined by Rep. Bennie Thompson (D-Miss.), the top House Democrat of the Homeland Security Committee, Rep. Nanette Diaz Barragán (D-Calif.), and Rep. Joaquin Castro (D-Texas), requested GAO formally review CBP activities, policies, and procedures regarding the handling of personal property belonging to individuals in its custody.

In May 2024, the GAO issued its report on CBP's handling of migrant possessions and the need for more standardized practices and oversight. Seeing the need for more standardized practices and oversight, Senator Alex Padilla (D-Calif.) and Representative Raúl M. Grijalva (D-Ariz.) sent a letter to CBP Senior Official Performing the Duties of the Commissioner Troy Miller in July 2024 to request a meeting to receive an update on CBP's efforts to implement the GAO's recommendations.

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