A new circuit court ruling affirms the right of immigration officials and border agents to search private cell phones and laptops without restrictions on these serious violations of privacy. This ruling overturns a November 12, 2019, decision by the U.S. District Court for the District of Massachusetts, which found that the search of electronic devices at the U.S. border without a warrant constituted a violation of the Fourth Amendment to the Constitution. Judge Sandra Lynch of the United States Court of Appeals for the First Circuit reversed the ruling on February 9, 2021, stating that basic searches of electronic devices at the border do not constitute an “intrusive search.”
A Significant Potential for Abuse
The new circuit court ruling opens up the potential for invasive searches of electronic devices belonging to U.S. citizens as well as those who may be suspected of attempting to enter the country illegally. Sidd Bikkannavar was part of the original legal action against the Customs and Border Protection (CBP) agents. Bikkannavar, a scientist with NASA and a U.S. citizen, was detained on his way home from Chile by CBP agents and was forced to give up his password to those agents, despite the fact that his phone actually belonged to his employer. When his phone was returned to him, CBP officials informed Bikkannavar that his phone had been searched using forensic tools and that the private information stored on that phone had been captured and analyzed.
An Invasion of Privacy
This ruling basically gives CBP agents free rein to invade the privacy of anyone they choose and represents a harsh blow against privacy rights for immigrants and U.S. citizens alike. By choosing to allow warrantless searches of electronic devices, Judge Lynch has essentially declared open season on personal information for citizens and aspiring immigrants alike.
The Right Legal Help Can Make a Difference
Retaining the professional services of a New York immigration attorney can provide added help for immigrants in protecting their rights in the United States. Your New York immigration attorney can deliver the representation and guidance needed to help you and your family to remain in the United States legally and to pursue your employment, education or life goals in this country.
At Pozo Goldstein, our team of New York immigration attorneys includes a former judge and two former prosecutors in the immigration field. This allows us to draw on a wealth of experience when representing your immigration case. Give us a call today at 212-201-9031 to schedule your consultation with our team. We are here to defend your family’s American dream.
