WASHINGTON – Today, Congressman Raúl M. Grijalva (AZ-07) joined Congresswoman Delia C. Ramirez (IL-03) and Senators Peter Welch (VT), Dick Durbin (IL), and Tammy Duckworth (IL) to introduce the bicameral CBP Guidance on Personal Belongings Act, legislation which requires 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.
When people arrive at the U.S.-Mexico border, they often carry their most important personal belongings, such as medication, phones, money, and identification 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.
In August, CBP issued a directive 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 establish a monitoring mechanism for the directive’s implementation.
“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.
“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.”
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 of the bill 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.”
The full text of the bill can be found here.
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.
In August 2024, U.S. Customs and Border Protection (CBP) 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.
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