Returning from vacation? The government can search your phone without a warrant

An Argentinian-American immigration advocate, Thomas Kennedy, sued the federal government after Customs and Border Protection agents at Miami International Airport searched his bags, questioned him about his work, and coerced him into handing over his phone under threat of prolonged interrogation. Agents kept the device for roughly 45 minutes and returned it without charges; Kennedy believes his data was copied during that interval and is asking the government to delete any copies. He says sensitive personal and professional information was exposed, that he was singled out because of his organizing and legal work for immigrant-rights groups, and points to prior incidents of official surveillance as context for his claim that agents aimed to suppress his political speech.

The lawsuit tests the long-established “border search” exception to the Fourth Amendment, under which people, luggage, and electronic devices can be searched at ports of entry without a warrant. CBP’s policy allows copying device data when there is probable cause or a nexus to immigration or customs enforcement, and the agency says such searches are rare - 55,318 device searches out of more than 419 million travelers in fiscal 2025 (about 0.0013%). The case highlights tensions between border security powers and digital privacy, raising questions about coercion, targeted enforcement of political actors, and limits on warrantless forensic copying of modern smartphones.