This is one of the most controversial topics of adaptation. There are two camps:
- some believe that using a second passport is deception;
- others believe that everything is absolutely legal.
Let’s break it down.
Arguments of opponents of a second passport
- If officers took your passport, it means you should not have one and should not use it.
- By not surrendering the second passport, you are deceiving the government.
- The data of the second passport is not in the system.
Arguments of supporters
- Officers had no right to confiscate the passport.
- Having two (and sometimes three, including an internal one) passports is legal.
- No one asked about the existence of a second passport.
Why do deportation officers take passports?
To make your life harder? No.
To prevent you from obtaining a bank card or driver’s license? No.
Passports are taken solely for the purpose of deportation.
Position of a U.S. attorney
The Department of Homeland Security (DHS) takes a foreign national’s passport at the beginning of removal proceedings to ensure the ability to return the person after the proceedings conclude. Once an immigration court orders removal, DHS uses the person’s passport as the means to return that person to their country of citizenship.
Conclusion: ICE does not need to take all of your passports. Their task is to simplify deportation in case you lose your case, not to make your life harder.
Important legal points
- A passport is the property of the state, not the individual.
- There are no laws that clearly regulate the seizure and return of passports.
Therefore, you cannot demand the return of your passport. You can only request that it be returned temporarily for document processing.
Source (attorney Richard Andrew Constantino Alton):
link
Another perspective and case examples:
link
Argument about “moral turpitude” (CIMT)
Opponents argue that using a second passport is deception of an officer and may be treated as Crimes Involving Moral Turpitude (CIMT).
Law:
22 CFR 40.21
Ask yourself: is the use of a legally obtained second passport an immoral crime?
My opinion: definitely not.
The “passport data is not in the system” argument
In most immigration documents, the passport number is not a key identifier:
- The primary identifier is the A-number.
- Next come the SSN and I-94.
- Passport data generally does not appear in court or tax systems.
A passport is not a lifetime document. It can expire, be lost, stolen, replaced, and multiple citizenships may exist.
Questions you should ask yourself
- Is the second passport fake?
- Was it obtained legally?
- Did I deceive officers by claiming I did not have a second passport?
- Why does ICE need my passport at all?
Conclusion
There will always be people in both camps. The decision is yours personally. This text provides enough material for thoughtful consideration.
Practical advice
If you are unsure and afraid to use a second passport, simply inform your ICE officer that you have one. Ask whether you need to surrender it and whether you may use it. In 99% of cases, the officer will be confused as to why you are even asking and will not take the second passport.
Disclaimer: The information provided here is for general informational purposes only and does not constitute legal advice. Translations are provided for convenience and may contain errors or omissions. For guidance on your specific situation, always consult official sources or a qualified attorney.
