How to get a passport from the ICE or Immigration Court?

That your passport remains with ICE may be part of the conditions of your release. Talk to the trial attorney at your hearing. The Judge has not power over this issue. It is unlikely that you will get it back until your case is over.

I agree with my colleague, you might not get it back until your case is finished. Speak to your attorney, if you don't have one, retain an attorney for the deportation case.

I agree with my colleagues, at best you will get a copy of it.

Thanks for your inquiry. Here is the deal, you are not likely to have your passport returned. ICE typically takes the passport from you in order to have a travel document in its possession if it turns out that your immigration case ultimately ends with you being removed and deported from the US. So it is very common for the passport to be taken from an individual and not returned until after the case is over. Now as happens from time to time, there are issues with needing the passport while the case is pending with the Court. While I have personally never gone to any type of extraordinary extent to get the passport returned while the case remains pending, there is the potential to push some buttons. One is you can contact your consulate or embassy and see if they would be willing to get involved. Remember that the passport is not your property, it is the property of the foreign country that issued it. So if you would like to have your country make contact with the folks at ICE and demand its return, that my jog some memory cells and get the document returned. Alternatively, you might consider going to federal court and filing a petition seek its intervention in this problem. The likelihood is that the filing of the lawsuit itself may result in the passport being returned but if that does not happen you would need to convince the federal court that the government has an affirmative duty to return the passport to you and that it is violating its directives by not giving it to you. Unfortunately, this is one of those frustrating parts of the process that gets over looked. And if you want someone to step in and try to resolve it, there are aggressive attorneys out there (like me) who would be willing to make a stink about something like this. But you are going to receive a no at every level up the chain of command and barring either intervention by your consulate or embassy or an order from a federal court directing otherwise, your passport will likely remain in the custody of the government until the case is over. Once the case is resolved (hopefully successfully on your side), there is a process by which the document which ICE has snatched can be returned. This generally requires some communication with the ICE Office of Enforcement and Removal Operations and it has been my experience that ERO is pretty good about taking care of this aspect of the case once it has been completed. Like anything else with the government, it can take repeated follow up and and someone to stay on top of the issue. But definitely something that can be done without breaking much of a sweat. Make sure that you are well represented by a knowledgeable attorney and good luck with the rest of your immigration court case in Orlando. Good luck.

The Judge does not have possession of or authority to release your passport. Unfortunately, while you are in proceedings, DHS keeps your passport in the file. Once your proceedings are completed, your passport will become available. If you hire an immigration lawyer, it would be possible for her to speak with the DHS attorney and see if there is some way to allow you to have the passport back based on the emergency situation you are in. It is unlikely, but a possibility. Some of the DHS attorneys are easier to work with than others. You should consult an experienced immigration attorney who can better assist you with this matter.