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Passports Surrendered in Criminal Cases

Defendant Ordered to Surrender Passport

When the Court orders a defendant to surrender a passport, the Clerk of Court becomes the custodian of the document.  Surrendered passports will remain in the custody of the Clerk of Court until further order from the Court.  

 

Notice to the US State Department and US Immigration and Customer Enforcement

Form PS40 will be filed with the US Department of State for all US passports surrendered. 

Form PS40A will be filed with the US Immigration and Customs Enforcement for all foreign passports surrendered.

 

Release of Passport

Passports are not automatically released at the conclusion of the case, and will remain in the custody of the Clerk of Court until further order from the Court.  The defendant, or counsel for the defendant, should file a written request with the Clerk of Court for the release of the passport.  If deemed appropriate, presiding judge will issue a court order for the release of passport.