Return of documents after release from Department of Homeland Security custody

(a) In general Chapter 4 of title II of the Immigration and Nationality Act is amended by inserting after section 236A the following: 236B. Return of documents after release from custody (a) In general Except as provided in subsection (b), upon releasing any individual from custody under this Act, the Secretary of Homeland Security shall return to such individual each covered document taken from the individual while in the custody of the Department of Homeland Security. (b) Exception The Secretary may retain a covered document only if— (1) the document is determined to be fraudulent; (2) the document is contraband or evidence in a pending criminal proceeding; or (3) the individual is no longer legally entitled to possess the document under Federal law. (c) Certified copies If a covered document is retained pursuant to subsection (b), the Secretary shall provide the individual with a written explanation of the applicable exception and a certified copy of the document, unless prohibited by law. (d) Covered document For purposes of this section, the term covered document includes an original passport, permanent resident card, employment authorization document, birth certificate, driver’s license, social security card, and any other similar government-issued document. (e) No operational exception Operational convenience or an anticipated future immigration enforcement action does not constitute grounds to retain a document after releasing an individual from custody under this Act.. (b) Clerical amendment The table of contents of the Immigration and Nationality Act is amended by inserting after the item related to section 236A the following: 236B. Return of documents after release from custody..