When I came back from holiday I was shocked by what the border guards did

Returning home after a vacation, I was flabbergasted by the border agents' actions

The officer escorted me into a small, bare private room, strikingly similar to a police station—cramped and empty, devoid of decorations, featuring only one officer seated behind a desk. Without any explanation, the border police seized my phone and laptop and demanded that I unlock them. Once removed from my sight, they proceeded to search them while I was interrogated in another room. With a few Google searches, they could easily find answers to their questions. I could only ponder and worry. Am I in trouble? Do I share a name with someone else? Scary thoughts indeed. Two hours later, they returned my phone.

Diane Meyer Zori

To this day, I remain clueless about why the border agents chose to target me and what they did with the information they acquired during the search of my phone and laptop. As an academician and former Air Force Captain with two years of service in Iraq, the contents of my device include a wealth of private information about my professional past and current position, as well as personal details about my family that do not belong to the CBP. I fear that border agents will read through my emails, examine my photos, download my data and contacts, and share it with other government agencies. I felt humiliated and violated.

I later discovered that my fears were not unfounded. Border agents, including those from ICE and CBP, can record and forward the contents of computers and laptops to other government agencies. They are authorized to view and keep what they find. Thousands of travelers are searched every year, and the number continues to rise.

I feel powerless against the government. My decade-long military service in the United States Armed Forces failed to protect me. I know that the same fate will befall many others.

Then, I realized that I could resist. I joined forces with the American Civil Liberties Union (ACLU) and the Electronic Frontier Foundation, a non-profit organization focusing on digital privacy, to challenge the Home Security Department in September 2017 alongside a group of travelers who had experienced similar ordeals at the border. A federal court ruled in our favor in 2019, declaring that the Border Patrol's policy regarding electronic device searches violates the Fourth Amendment, which mandates that border agents must have a reasonable suspicion that an individual's device contains digital contraband before conducting a search. However, the First Circuit Court of Appeals overturned this decision this year, ruling that the government's policy of conducting unjustified and suspicionless searches does not violate the Constitution. The court stated that "each of these guidelines enables 'simple' electronic device searches without reasonable suspicion and 'extended' searches only when reasonable suspicion exists … We conclude that the challenged border search policy falls within constitutional limits."

Now, we're appealing to the Supreme Court to review our case. The courts have an opportunity to ensure that the experiences I and other travelers have had do not happen again and that border agents cannot infringe on the privacy of travelers without a warrant or a valid reason, such as suspicion of illicit content. Citing a CBP statement from 2019, the Behavioral and Analysis Unit (BAU) claimed that the ability to legally inspect electronic devices at the border is "of critical importance to maintaining security in the increasingly digital world." Yet, in the months leading up to the filing of our lawsuit, the government did not provide solid evidence that unjustified, suspect searches of mobile phones and laptops truly serve the purpose of ensuring American security. This is not surprising, considering that most digital information is transferred online and not through individuals' devices. Because these searches were conducted in a manner that violated the privacy of travelers without providing compelling evidence that they served the interests of the government, they contradicted the Constitution.

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I hope this case sheds light on what actually takes place at our airports and other ports of entry, effectively sparking a necessary discussion on digital privacy rights in the modern age. I will continue to scrutinize my orders and engage in discussions on these topics. As a professor of Homeland Security, I tell my students not only about my experiences but also integrate them into our curricula. Many of my students are recent high school graduates, making it amusing to observe their reactions when I ask them to consider whether such searches should be permitted. Some consider the government's motives favorable, while others do not. Regardless, I believe that our privacy is a fundamental right, and we should not lose it merely because we travel.

I gradually came to appreciate the value of my privacy. I am prepared to fight for this constitutional right. Freedom and security are intrinsic American values. We should not compromise these values to achieve other goals.

Additional Insights

Policies and regulations governing border searches and seizures of personal electronic devices at U.S borders are governed by specific legal frameworks and guidelines.

1. Border Search Authority:
2. No Warrant Required: Border searches do not require probable cause or a warrant, as CBP, HSI, and other federal agencies are granted authority to inspect and seize persons, goods, and financial assets at U.S ports of entry**.
3. Inspection of Digital Devices: CBP officers have the authority to inspect laptops, mobile phones, and cryptocurrency wallets if they suspect illicit activity.
4. Currency and Asset Seizures:
5. Travelers must declare cash or monetary instruments over $10,000, and failure to do so may result in confiscation under civil forfeiture laws.
6. Blockchain Intelligence:
7. Border security agents can leverage blockchain intelligence to investigate and seize illicit crypto assets, screen suspicious cross-border transactions, and uncover crypto wallets.
8. This includes tracing cryptocurrency transactions linked to cartel activity, identifying crypto wallet addresses associated with darknet markets, and tracking money laundering schemes.
9. Enhanced Powers for Immigration Officers:
10. The Border Security, Asylum and Immigration Bill 2025 introduces new powers for Immigration Officers and/or police constables to search, seize, retain, and extract information from electronic devices based on reasonable grounds of suspicion that the individual is in possession of an article containing information related to facilitation offenses.
11. These measures are designed to disrupt Organized Immigration Crime (OIC) gangs by gathering evidence and enhancing law enforcement's ability to prevent irregular and/or illegal means of travel.
12. Specific Guidelines:
13. CBP has a directive (CBP Directive 3340-049A) that outlines the procedures for border searches of electronic devices, ensuring that such searches are conducted consistently with statutory authority.