法官这样做确实有法律依据上的不足。因为外国护照是外国政府的property, 美国政府无权扣押。所谓"If one's passport is held/confiscated by the authorities in a host nation one is visiting or residing in the first thing one needs to do is call the Embassy and inform them of the situation and ask them to request the return/release of the passport as it is the foreign government property and there is no legal basis for it to be held."
