PAPERS Act of 2026
Summary
What This Bill Does
The PAPERS Act adds a document-return rule to the Immigration and Nationality Act. When DHS releases a person from custody, the Department must return every covered document it took from that person while in custody.
Covered documents include an original passport, permanent resident card, employment authorization document, birth certificate, driver's license, Social Security card, and similar government-issued records. DHS may retain a document only when it determines the document is fraudulent, the document is contraband or evidence in a pending criminal proceeding, or federal law no longer permits the person to possess it.
When DHS uses an exception, it must give the released person a written explanation identifying the applicable ground and a certified copy of the retained document, unless another law prohibits doing so. Operational convenience and an anticipated future immigration-enforcement action are expressly insufficient reasons for retention.
The bill does not require return before release, compel return of contraband or criminal evidence, validate a fraudulent document, end immigration proceedings, create compensation for past retention, or specify an administrative appeal. It covers documents taken while in DHS custody under the Immigration and Nationality Act.
Who Benefits and How
Released immigrants regain records needed for employment, housing, banking, travel, driving, benefits, legal representation, and compliance with immigration proceedings. Families and lawyers avoid replacement costs and delays. Certified copies and written reasons improve the ability to challenge or work around lawful retention.
Who Bears the Burden and How
DHS custody officers must inventory, secure, track, and return documents at release. Fraud investigators and prosecutors must document exceptions and produce certified copies without compromising law. ICE and CBP lose the ability to hold records for convenience or possible future enforcement. Errors can create evidence, identity-theft, or wrongful-release risks, and document systems require training and auditing.
Key Provisions
- Requires return of covered documents upon release from DHS custody.
- Covers passports, status cards, birth certificates, and licenses.
- Allows retention of fraudulent documents.
- Allows retention of contraband or pending criminal evidence.
- Allows retention when federal law bars the person's possession.
- Requires a written explanation for lawful retention.
- Requires a certified copy unless prohibited by law.
- Prohibits retention for operational convenience.
- Prohibits retention solely for anticipated immigration enforcement.
- Provides no express damages or appeal process.
Evidence Chain:
This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers.
At a Glance
What This Bill Does
Requires DHS to return original government-issued identity and status documents when releasing a person from immigration custody, permits retention only for fraud, contraband or pending criminal evidence, or loss of lawful possession, and requires an explanation plus certified copy when retention is lawful.
Key Policy Areas
Immigration Custody, Identity Documents, DHS Property Return, Due Process, Evidence Retention
Primary Purpose
Requires DHS to return original government-issued identity and status documents when releasing a person from immigration custody, permits retention only for fraud, contraband or pending criminal evidence, or loss of lawful possession, and requires an explanation plus certified copy when retention is lawful.
Policy Domains
Section 2 release-time return, narrow exceptions, and certified copies
Identified Gains
Contextual inference, no direct clause citation- People released from immigration custody
- Workers needing employment authorization documents
- Permanent residents recovering status cards
- Families replacing fewer identity records
- Immigration lawyers representing released clients
- Employers verifying returned work documents
- Service providers requiring official identification
Contextual inference, no direct clause citation
Identified Costs
Contextual inference, no direct clause citation- DHS custody-property officers
- ICE document-tracking staff
- CBP document-tracking staff
- Fraud investigators explaining retention
- Prosecutors managing certified evidence copies
- DHS training and audit teams
- Future immigration-enforcement operations
Contextual inference, no direct clause citation
Legislative Progress
In CommitteeReferred to the House Committee on the Judiciary.
Introduced in House
Ms. Pingree introduced the following bill; which was referred to …
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
- "lawyer"
- → Immigration lawyer assisting a released client
- "employer"
- → Employer verifying a released person's work document
- "investigator"
- → Official retaining fraud or criminal evidence
- "custody_officer"
- → DHS officer holding a covered document
- "released_person"
- → Person released from DHS immigration custody
Note: {'scope_ids': ['dhs_document_return'], 'description': 'Return is due upon release and subject to three narrow exceptions; the bill does not validate fraudulent records, compromise criminal evidence, end immigration action, or provide an express appeal or damages remedy.'}
Key Definitions
Terms defined in this bill
The requirement to provide an explanation and certified copy when DHS lawfully retains a document, unless law forbids the copy.
An original passport, immigration card, birth certificate, driver's license, Social Security card, or similar government-issued document taken in DHS custody.
Fraud, contraband or pending criminal evidence, or lack of lawful federal entitlement to possess the document.
We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.
Learn more about our methodology