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Activist Sues Government Over Phone Search at Border
Confirmed
In Short: Thomas Kennedy, an Argentinian-American writer and immigration advocate, recently filed a lawsuit against the federal government, claiming that a Customs and Border Protection (CBP) agent at Miami International Airport searched his phone without a warrant.
According to Kennedy's complaint, the CBP agent physically searched his luggage, questioned him about his reading material, and demanded his phone. Kennedy claims the agent threatened him, stating that refusal would result in a prolonged interrogation and potential indefinite retention of his phone.
Kennedy handed over his phone after approximately 45 minutes, during which he believes the agent copied data from his device. He asserts that his phone contained significant amounts of sensitive personal and professional information.
The activist's lawsuit seeks the deletion of any data copied from his phone during the search. Kennedy argues that CBP should not have been able to confiscate or copy his phone's contents.
CBP's website states that searches of electronic devices are conducted if there is probable cause to believe the information contains evidence of a violation of law or relates to immigration, customs, or other enforcement matters. CBP claims such searches are rare, affecting only 0.0013% of travelers in Fiscal Year 2025.
Kennedy's experience echoes a 2017 incident at San Francisco Airport, where a local artist reported similar threats from CBP agents demanding access to his phone.
The 'border exemption' to Fourth Amendment rights allows CBP to search electronic devices without a warrant, a practice Kennedy and other advocates argue is invasive and unconstitutional.
CBP maintains that searches of electronic devices are conducted infrequently and only when there is probable cause, but activists like Kennedy argue that the threat of such searches is coercive and violates privacy rights.
What this adds
The lawsuit highlights ongoing concerns about the extent of border searches and the privacy rights of travelers.
Background
Meta announced new tools for creating games with AI and introduced several new devices featuring its AI assistant, Muse.
What's confirmed
- According to Kennedy's complaint, the CBP agent physically searched his luggage, questioned him about his reading material, and demanded his phone. Kennedy claims the agent threatened him, stating that refusal would result in a prolonged interrogation and potential indefinite retention of his phone.
- Kennedy handed over his phone after approximately 45 minutes, during which he believes the agent copied data from his device. He asserts that his phone contained significant amounts of sensitive personal and professional information.
- The activist's lawsuit seeks the deletion of any data copied from his phone during the search. Kennedy argues that CBP should not have been able to confiscate or copy his phone's contents.
- CBP's website states that searches of electronic devices are conducted if there is probable cause to believe the information contains evidence of a violation of law or relates to immigration, customs, or other enforcement matters. CBP claims such searches are rare, affecting only 0.0013% of travelers in Fiscal Year 2025.
- Kennedy's experience echoes a 2017 incident at San Francisco Airport, where a local artist reported similar threats from CBP agents demanding access to his phone.
- The 'border exemption' to Fourth Amendment rights allows CBP to search electronic devices without a warrant, a practice Kennedy and other advocates argue is invasive and unconstitutional.
- CBP maintains that searches of electronic devices are conducted infrequently and only when there is probable cause, but activists like Kennedy argue that the threat of such searches is coercive and violates privacy rights.
What's still developing
- An Argentinian-American writer and immigration advocate recently sued the federal government, demanding that it delete data that he believes was copied off of his phone when he re-entered the United States earlier this month.
- “[The agent] threatened me, saying that if I didn’t give him my phone, my interrogation was going to take much longer and they could retain my phone indefinitely,” Kennedy wrote.
- Reminder: The “border exemption” to your rights is real.
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