Immigration rights advocate sues border agents over phone search
A Florida immigration rights advocate named Kennedy is suing CBP agents who he says confiscated and copied the contents of his phone without a warrant, which he believes was linked to his political organizing. The case highlights the long-standing 'border exception' that lets agents search devices without a warrant.
An immigration rights advocate identified as Kennedy has filed a lawsuit against US Customs and Border Protection (CBP) agents, alleging they confiscated and searched his phone without a warrant. In his court filing, Kennedy states he believes CBP targeted him because of his organizing and political work around immigrants' rights in Florida.
He wrote that this was not the first time law enforcement had targeted him over his political views. He recalled that in 2021, after speaking out against Florida Governor Ron DeSantis, Miami police allegedly surveilled him and barred him from press conferences.
The border search exception
US federal courts have long recognized a so-called "border exception" to the Fourth Amendment, which normally requires a warrant for searches — under this exception, people, bags, and electronic devices can be searched at the border without one. CBP states on its website that it may copy device data if there is probable cause to believe the information contains evidence of a violation of law the agency is authorized to enforce, or if the information relates to immigration, customs, or other enforcement matters.
CBP maintains that such electronic device searches are very rare. According to the agency, in Fiscal Year 2025, out of more than 419 million travelers processed at US ports of entry, only 55,318 had their electronic devices searched — roughly 0.0013% of the total.
Still, Kennedy expressed anger over the incident, stating in his complaint that CBP should not have been able to confiscate his phone, let alone copy its contents, and that he believes the action was taken to suppress his political speech. The case was first reported by the Miami New Times.
