Warrantless searches at U.S. borders rise to 46,000, sparking concern over 4th Amendment rights and the impact on travelers and Latino border communities.
A human rights lawyer says the 4th Amendment rights of residents in border areas of the United States are being encroached upon by the Department of Homeland Security.
Amy Peikoff, a lawyer with the nonprofit Pacific Legal Foundation, co-authored a policy brief that says more Americans are facing violations to the 4th Amendment search and seizure laws at the border.
She tells that from 2015 to 2024, warrantless searches quadrupled to over 46,000. Most troubling, she says, is the seizure of electronic devices, like phones and computers, by U.S. Customs and Border Protection officials and Immigration and Customs Enforcement agents.
Different rules govern how the agencies can confiscate devices, but anyone at a U.S. port is subject to having their devices taken and asked for their passwords.
In 2024, 78% of electronic devices searched at the border belong to non-citizens, the report says.
Peikoff says these devices and content are personal property like papers and should be covered under the 4th Amendment.The Pacific Legal Foundation has filed a lawsuit on behalf of a school superintendent in Vermont who was detained in Houston and had agents search his personal and work devices.
