E.D.N.Y. Administrative Order No. 2023-15 — Passports and Travel Documents as a Condition of Pretrial Release
A published court requirement that applies in New York. Category: Administrative Orders. Verified against the official source (E.D.N.Y. — Compendium of Administrative Orders Relevant to Practitioners (U.S. District Court, Eastern District of New York)) on November 7, 2026.
Summary
Passports and Travel Documents as a Condition of Pretrial Release (Administrative Order No. 2023-15): the court's own administrative order as its Compendium of Administrative Orders Relevant to Practitioners (orders effective as of July 11, 2025) compiles it, verbatim from the official PDF (sha-custodied). Court-level requirement: governs practice in the U.S. District Court for the Eastern District of New York alongside the Local Rules, the federal rules and any judge-specific procedures.
Requirement
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -----------------------------------------------------------------X IN RE: DISPOSITION OF PASSPORTS AND TRAVEL DOCUMENTS SURRENDERED AS A CONDITION OF PRETRIAL RELEASE -----------------------------------------------------------------X ADMINISTRATIVE ORDER NO. 2023-15 Whereas, the authority to impose upon a defendant the surrender of travel documents as a condition of pretrial release is governed by 18 U.S.C. § 3142(c)(1)(B)(xiv); and Whereas, the disposition of surrendered passports is governed by the Guide to Judiciary Policy, Volume 8, Part C, Chapter 5; it is hereby ORDERED that passports and travel documents surrendered as a condition of pretrial release or otherwise surrendered pursuant to the investigation and prosecution of a matter pending before this Court shall be disposed of by Pretrial Services as follows: (1) Passports and travel documents will be returned to all defendants whose case was disposed of via dismissal or acquittal; (2) In all other cases, Pretrial Services shall hold all surrendered passports and/or travel documents for the shorter of: a. Ninety (90) days following termination of the pretrial release order, or b. Until reclaimed; (3) To reclaim a surrendered passport or travel document pursuant to (1) above, a defendant or their designated representative shall file a request with the Court asking the Court to issue an order that the passport or travel document be returned, or, where applicable, that such be transferred to the United States Probation Office; (4) After the ninety-day period has elapsed, Pretrial Services shall transfer all unclaimed passports and/or travel documents to the U.S. Department of State, the issuing agency, or the U.S. Department of Homeland Security, Immigration, and Customs Enforcement, as applicable, in accordance with the Guide to Judiciary Policy, Volume 8, Part C, Chapter 5, Section 535.45.20; (5) Prior to sentencing, Pretrial Services shall ensure that defendants and their counsel are provided with notice of how a defendant’s passport or travel documents will be disposed of and the ninety-day period during which they may request that the aforementioned documents be returned; (6) A defendant or their representative’s request that the Court issue an order to return a passport or other travel document shall be entered into the chronological record and the U.S. Attorney’s Office shall be provided a reasonable opportunity to respond to the request; (7) No passport held as a condition of bail may be used as evidence by or disclosed to the prosecution without the permission of the Court; (8) Pretrial Services shall otherwise comply with the procedures set forth in the Guide to Judiciary Policy, Volume 8, Part C, Chapter 5, Section 535.45.20; (9) Should counsel in a specific case wish to seek a modification of this policy based on individual circumstances, they may make such a request to the assigned Judge, who shall retain discretion to set individualized procedures for the disposition of travel documents surrendered by a defendant as a condition of pretrial release. SO ORDERED: Dated: May 8, 2023 Brooklyn, New York s/ MKB MARGO K. BRODIE Chief United States District Judge
Source of truth
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -----------------------------------------------------------------X IN RE: DISPOSITION OF PASSPORTS AND TRAVEL DOCUMENTS SURRENDERED AS A CONDITION OF PRETRIAL RELEASE -------------------------------------------------------
- Official source
- E.D.N.Y. — Compendium of Administrative Orders Relevant to Practitioners (U.S. District Court, Eastern District of New York)
- Source health
- Healthy · checked November 14, 2026
- Effective date
- —
- Last verified
- November 7, 2026benchpath-nyfed-orders-2026-11-07
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