Mobile phone searches by border agents violate constitution, according to trial: NPR

The American Civil Liberties Union claims to have found new evidence that federal border agents are violating the Constitution by searching travelers' electronics.

The ACLU and Electronic Frontier Foundation filed lawsuits against the federal government in 2017, alleging that its "warrantless and suspicious searches" of electronic devices at US ports of entry violated the first and fourth amendments. Counsel now say that, through the testimony of the border services officers, they learned that the scope of warrantless searches goes far beyond the simple application of immigration and customs laws.

Border services officers have the power to search for contraband, or to determine who qualifies for the United States, the ACLU said. But the agents "now claim the right to search the travelers' devices for general law enforcement purposes, such as looking for potential evidence of illegal activities going beyond violations of the laws of the country." Immigration and Customs ", wrote the complainants.

"This so-called authority extends to the application of" hundreds "of federal laws, including tax, bankruptcy, environmental and consumer protection laws." The alleged objectives of the accused to conduct searches of devices without warrant or without suspicion also include the collection of information or the advancement of pre-existing investigations. "

These practices violate the Fourth Amendment's protection against unreasonable searches and seizures, writes the ACLU. They also violated the first amendment, lawyers said, as people traveling to the US could censor themselves, knowing that a border officer could look through their phone.

In a case filed this week at the US District Court in Massachusetts, the lawyers asked the government to rule in their favor without trial.

"Let's be clear," said the ACLU in a statement. "The government can not use the pretext of the" border "to circumvent the constitution."

The government said its research was needed to protect the country. The Department of Homeland Security has not responded to a request for comment from the Associated Press; ICE and CBP stated that they would not comment on ongoing litigation.

The case was filed on behalf of 11 defendants, including a limousine driver, two journalists and a NASA engineer. Ten of the applicants are US citizens and one is a legal permanent resident.

Research on the electronic devices of international travelers has increased significantly in recent years. According to the lawsuit, border services officers searched the smartphones and laptops of more than 33,000 international travelers in 2018, an increase of almost 400% from three years earlier. The complaint says that these searches violate the Fourth Amendment's protections against unreasonable search and seizure.

"Searches of electronic devices at the border penetrate deeply into the privacy of all travelers and raise particular concerns for journalists, lawyers, doctors and others who hold particularly sensitive information about their sources of information, their clients and their patients, "wrote the lawyers. They argued that searches without a warrant "turn the border into a digital axis".

A customs and border protection policy implemented in 2018 allows for two types of research: basic and advanced. During a simple search, an agent manually examines an electronic device. During an advanced search, the agent connects an external device to the device to review and sometimes copy its contents.

CBP's policy authorizes basic searches without any suspicion of wrongdoing; Advanced research requires a "reasonable suspicion of activity in violation of CBP administered or enforced laws" or a "national security issue". The US Immigration and Customs Administration has a similar policy that allows for both basic research and advanced research.

In a legal deposit, the agencies said their research was "a crucial tool for detecting evidence relating to terrorism and other national security issues" and "may also reveal information about financial and commercial crimes" .

But this research goes well beyond what the Constitution allows, according to the ACLU trial. "The government can not use the border to circumvent the constitution," they wrote.