Have any court rulings or DHS policies clarified use of passport cards as identity evidence for ICE since 2023?

Checked on January 14, 2026
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Executive summary

Since 2023 there is policy-level clarity from DHS components that the U.S. passport card is an acceptable form of identity for federal purposes — notably the Transportation Security Administration and REAL ID guidance that treat the passport card as REAL ID-compliant — but the reporting supplied contains no post‑2023 court rulings that specifically resolve how U.S. Immigration and Customs Enforcement (ICE) must treat passport cards as identity evidence in enforcement encounters [1] [2] [3]. ICE internal memos obtained via FOIA discuss confiscation and retention of passports and identity documents during removal proceedings but do not amount to a public, binding clarification that governs ICE field use of passport cards as evidence of identity [4] [5].

1. Federal ID policy: passport card recognized as REAL ID‑compliant

U.S. government guidance at the department level treats the passport card like the passport book for many domestic federal ID purposes: Travel.State and DHS/REAL ID materials explicitly state that both the passport book and the passport card are REAL ID‑compliant and are acceptable alternatives to a state REAL ID for boarding domestic flights or accessing federal facilities [1] [2]. TSA’s list of acceptable IDs explicitly includes the U.S. passport card among other federal documents, signalling administrative clarity that the card satisfies federal identity‑document standards used for travel screening [3].

2. ICE policies: internal retention rules but no public rule about passport‑card evidentiary use

ICE’s own released policy memoranda—produced under FOIA—outline Enforcement and Removal Operations (ERO) guidance for confiscating and returning original documents and recommend retaining passports or other identity documents when initiating removal proceedings, which indicates an operational practice of seizing identity papers during enforcement but does not publicly define the passport card’s evidentiary weight or create a separate rule about ICE reliance on passport cards as standalone proof of citizenship or legal status [4] [5]. Those memos are internal policy guidance and are described as “For Official Use Only,” limiting their force as public policy clarifications for third parties [4].

3. Advocacy and practical guidance: community groups still advise showing passports or other status documents

Legal‑aid and immigrant‑advocacy groups consistently recommend people carry definitive documents — passport book, stamped passport / I‑94, green card, or work authorization — when interacting with ICE or traveling domestically, reflecting on‑the‑ground concerns about how agents may treat different documents even where federal travel rules accept passport cards [6] [7] [8]. These practical guides do not contradict DHS’s position that the passport card is a valid federal ID, but they reflect a cautious stance informed by reports of inconsistent agent behavior at checkpoints.

4. What is not found in the reporting: no court rulings since 2023 specifically about ICE use of passport cards

The provided documents and guidance show administrative acceptance of the passport card for federal identity purposes and ICE internal practices around document retention, but none of the sources cite a judicial decision since 2023 that squarely addresses whether ICE may rely on or must accept a passport card as conclusive identity evidence in enforcement or removal proceedings; this absence means there is no confirmed post‑2023 case law in the supplied reporting that resolves disputes over admissibility, burden of proof, or constraints on ICE’s treatment of passport cards in the enforcement context [4] [5] [1].

5. Bottom line and reporting limitations

The bottom line: DHS components have clarified administratively that the passport card is a REAL ID‑compliant, acceptable federal identity document for travel and similar federal access purposes [1] [3] [2], and ICE internal memos show a practice of confiscating identity documents during enforcement [4] [5]; however, the supplied reporting contains no post‑2023 court rulings that specifically govern or limit how ICE must treat passport cards as identity evidence in immigration enforcement, and the question of judicially enforceable standards therefore remains unaddressed in these sources. If legal certainty is required, publicly available court decisions or additional FOIA releases beyond these documents would need to be consulted.

Want to dive deeper?
Are there court decisions before 2023 about acceptance of passport cards as evidence in immigration proceedings?
What FOIA‑released ICE policies exist about retention and return of seized identity documents?
How have TSA and DHS REAL ID rules changed since 2023 regarding alternative identity documents like passport cards?