The PAPERS Act of 2026 requires the Department of Homeland Security to return all personal identification documents to individuals when they are released from immigration custody. The law applies to documents like passports, birth certificates, driver's licenses, and social security cards that were taken during detention. The only exceptions allow DHS to retain documents if they are fraudulent, needed as evidence in a criminal case, or if the person is no longer legally entitled to possess them—but in those cases, DHS must provide a written explanation and a certified copy. The bill specifically prohibits DHS from keeping documents simply for operational convenience or to prepare for future immigration enforcement actions. This legislation affects any individual detained by DHS under immigration law and aims to ensure people regain access to essential identity documents promptly upon release.
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