American Citizen Sues Over Border Protection Policy Of Warrantlessly Searching Citizens’ Phones

A school superintendent is suing the Department of Homeland Security after U.S. Customs and Border Protection agents conducted a search of his phone at an U.S. airport without either a warrant or probable cause and allegedly falsely told him American citizens have no constitutional rights when confronted by Border Protection agents.

The federal government has maintained that the Constitution does not apply in parts of the United States within 100 miles of the U.S. border, a policy that has generated opposition from many conservatives.

“A Vermont school superintendent filed a major property rights lawsuit… challenging U.S. Customs and Border Protection policies that violate Americans’ Fourth Amendment rights by permitting federal agents to conduct warrantless searches and seizures of personal electronic devices and their contents. Wilmer Chavarria filed the suit after being subjected to a warrantless search at Houston’s George Bush Intercontinental Airport in July,” the Pacific Legal Center reports in a statement.

“The government is forcing Americans to decide between traveling without their cellphones or surrendering their constitutional rights to travel internationally,” said Amy Peikoff, attorney with Pacific Legal Foundation. “The Fourth Amendment right to be secure in your property—your ‘papers’ and ‘effects’—is more vital than ever in the digital age, when information about every aspect of your life is kept on your phone. CBP officers cannot trample on your rights as a citizen simply because you’re within a certain distance of the border.” 

“Wilmer Chavarria, who has been a naturalized citizen since 2018, was detained by CBP without cause while flying home from visiting his mother in Nicaragua. Federal agents told him he did not have Fourth Amendment rights at the border, denied him the ability to contact legal counsel or family, and searched his devices without a warrant and despite his protests. Chavarria raised concerns about agents accessing his phone and his school-district-issued work laptop, which contained federally protected student information, and refused to give agents the passwords to district devices,” PLC reports.

“More than four hours later, the federal agents released him and returned the property they’d seized and searched. Chavarria was never given an explanation for his detention. He was also never told whether the agents had copied his personal data or whether they accessed or copied confidential student data from his work laptop,” PLC adds.

“Wilmer Chavarria filed a lawsuit challenging CBP policies that give federal agents permission to perform warrantless, suspicionless searches of Americans’ electronic devices within a ‘border zone’ encompassing all locations within 100 miles of U.S. borders. His lawsuit aims to stop the government from violating Americans’ constitutional right to protection against unreasonable searches and seizures,” PLC writes.

Pacific Legal Foundation represents Mr. Chavarria free of charge. The case is Wilmer Chavarria v. Department of Homeland Security.

The opinions expressed in this article are those of the author and do not necessarily reflect the positions of American Liberty News.

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