Advocate sues over phone search

Thomas Kennedy, an Argentinian-American writer and immigration advocate, sued the federal government after re-entering the United States earlier this month, demanding it delete data copied from his phone.

Agent demanded phone at Miami airport

A Customs and Border Protection agent at Miami International Airport physically searched Kennedy's bags, questioned him about his books and magazines, then demanded his phone.

Kennedy felt coerced to comply

The agent threatened Kennedy that refusing would extend his interrogation and CBP could retain his phone indefinitely. Kennedy handed over his phone and it was returned after approximately forty-five minutes.

“if I didn't give him my phone, my interrogation was going to take much longer and they could retain my phone indefinitely”

Kennedy believes he was targeted

Kennedy works with the Florida Immigration Coalition, Amnesty International and the Community Justice Project. He believes CBP flagged him because of his organizing and political work around immigrants' rights in Florida.

“I believe CBP flagged me because of my organizing and political work around immigrants' rights in Florida”

Border exception allows warrantless searches

Federal courts have long recognized a border exception to the Fourth Amendment, allowing searches of people, bags and electronic devices without a warrant. CBP says such searches are very rare.

Kennedy challenges the search as political suppression

Kennedy argues CBP should not have confiscated his phone or copied its contents. He believes the search was used to suppress his political speech about immigrants' rights.

“CBP shouldn't have been able to confiscate my phone, let alone copy its contents”