Border patrol officers have been ordered to stop throwing migrants’ personal items away, after many arriving at the U.S.-Mexico border were forced to cram their all of their possessions into small plastic bags.
The new directive from Customs and Border Protection (CBP) released Tuesday is meant to tackle issues raised earlier this year by the Government Accountability Office.
Some facilities were holding all belongings, while other sites were severely limiting what they would hold for migrants in their custody, or destroying important documents.
Now, all CBP facilities will allow detainees “to keep as much of their personal property” as can be held safely and securely.
Images show possessions held by CBP at different locations, taken as the Government Accountability Office investigated reports of disparities between Customs and Border Protection sectors.
Government Accountability Office
“The dignity and rights of migrants are not disposable,” Noah Schramm, policy strategist for the ACLU of Arizona, said in a statement Tuesday, reacting to the change.
CBP’s directive sought to clarify its processes for handling items immigrants arrive with at the southwest border, after the GAO’s report found “unclear” guidance and over 100 complaints within the first half of 2023 relating to lost property.
In some cases, medication belonging to children – including epilepsy drugs and asthma treatments – were taken away by officers who deemed them inessential, the ACLU claimed in February.
Others also saw their official identification documents, including passports, taken away and even destroyed by some officers, the group alleged.
Four out of CBP’s nine sectors required detainees to downsize their belongings into clear plastic bags, meaning many were throwing out many of the things they traveled with, the GAO later stated.
Even within these four sectors, the policy varied with differently sized bags, from a 9 by 12-inch sack through to heat-sealed bags to fit around essential items.
Despite claims of a lack of space, photos taken by GAO showed large shelves with space available – space filled with bags at other sites.
Migrants walk on the US side of the border wall in Jacumba Hot Springs, California on June 5, 2024, after crossing from Mexico.
Frederic J. Brown/AFP
Now, officers will have to store as much as they can, within space limits, but also in accordance with security measures.
Clothing which is badly damaged or soiled, or anything which may cause health and safety issues, can still be trashed.
Officers will also be expected to return the property to detainees after they are released from CBP custody.
The ACLU, which pushed for the changes, said there was still more CBP could do to clearly explain its policy, especially when it comes to communicating to migrants how their items will be returned.
“The Biden administration’s new property confiscation policy is an important and welcome step towards ensuring our immigration system treats people seeking a better life with the dignity and respect they deserve,” Mike Zamore, national director of policy and government affairs at the ACLU, said in a press release.
“This new directive is also a testament to the power of collective advocacy from partners, the ACLU and our border affiliates. Policies that punish people by trashing essential medications and other precious items have no place in our country.”
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