The best way to manage this risk is to know your rights and plan ahead.
Avoid Carrying Large Amounts of Cash
Aside from the obvious risk of loss, if you are deported with more than $10,000 in cash, you are required to file FinCEN Form 105 with the CBP.[1] Failure to report currency can result in a civil and even criminal charge and forfeiture of money in an amount to be determined by CBP or ICE officials. Additionally, immigration processing and detention facilities administered by ICE are directed to establish limits on whether, and if so, how much cash each detainee may keep in their personal possession while in detention. Any removal of cash from a detainee must be done in the presence of the detainee and at least two officers, and must be accompanied by an inventory and receipt. You should demand to receive a receipt documenting all funds confiscated while in detention and request return of all documented confiscated funds upon discharge.[2]
Make Arrangements for Handling of Valuables in Advance
Be sure you know where all your valuables are located, and keep a list of what valuables and property you have (in a secure place or on your phone or computer). Consider giving a trusted friend or family member, or someone with power of attorney, a copy of the list. A “special” or “limited” power of attorney will allow the agent to do specific acts listed; for example, to sell your couch or ship a box of jewelry to another country.
If you rent your home or apartment, review your lease for information on what the landlord can do if personal property is abandoned in the residence. It is best to arrange for a trusted person to have keys to ensure that someone can remove your personal property within a reasonable amount of time if you are detained or deported.
It may make sense to keep smaller valuable items in one or two places in the home, that way they are easily accessible for anyone handling personal property in the event of detention or deportation.
Know Your Rights
Property on your person
Once in custody, immigrants generally have 30 days to get their valuables back from CBP. Arrangements between the U.S. and Mexico provide that “all feasible steps” should be taken to return property to its owner when they are released. Despite lapses in procedure and performance, knowledge of the rules will allow you to advocate for yourself more effectively.
Property in your home
In general, tenants will not lose their property by failing to remove it after the termination of a lease. Tenants have the right to enter the premises to remove their property within a reasonable time after a lease is terminated. Most often, tenants do not lose the right to their property even if they fail to remove it from the property within a reasonable time after the end of the lease; however, some locales hold that tenants may give up the right to recover their property by not removing it within a reasonable time.
[1] Available at: fincen.gov/sites/default/files/shared/fin105_cmir.pdf
[2] See current ICE Performance-Based National Detention Standards (2011) for funds and personal property, available at: ice.gov/doclib/detention-standards/2011/2-5.pdf;
See current ICE National Detention Standards (NDS) for Non-Dedicated Facilities (2019) for funds and personal property, available at: gov/doclib/dro/detention-standards/pdf/funds_and_personal_property.pdf; See current ICE Family Residential Standards (2020) for funds and personal property, available at: ice.gov/doclib/frs/2020/2.3_FundsPersonalProperty.pdf