An Argentinian-American writer and immigration advocate has sued the federal government over what he alleges was an unauthorized search and data extraction from his phone at Miami International Airport.
According to a complaint filed by Thomas Kennedy, a Customs and Border Protection agent physically searched his bags and questioned him about his books and magazines upon his re-entry to the United States earlier this month. The agent then demanded Kennedy hand over his phone.
“[The agent] threatened me, saying that if I didn’t give him my phone, my interrogation was going to take much longer and they could retain my phone indefinitely,” Kennedy wrote in the complaint. “I felt like I had no choice, so I handed my phone to the CBP agent.”
The agent retained Kennedy’s phone for approximately 45 minutes before returning it. Kennedy believes data was copied from the device during this time, though no charges were filed against him.
Kennedy works with multiple nonprofit organizations, including the Florida Immigration Coalition, Amnesty International, and the Community Justice Project. He says his phone contains significant amounts of sensitive personal and professional information related to his immigration advocacy work.
In his seven-page complaint, Kennedy seeks that the government delete the data he believes was copied. He also suggests he may have been targeted for this search based on his professional work, noting that the agent repeatedly asked what he did for a living and whether he was an immigration attorney.
The case raises questions about the scope of search authority exercised by border agents during routine re-entry screening. Kennedy’s lawsuit challenges the legality of the data extraction and seeks remedies for what he characterizes as an unlawful seizure of his digital information.
Key facts
- Thomas Kennedy, an immigration advocate, sued the federal government over an alleged phone search at Miami International Airport
- A CBP agent demanded Kennedy’s phone and held it for 45 minutes, during which Kennedy believes data was copied
- Kennedy was threatened that his interrogation would take longer and his phone could be retained indefinitely if he refused
- No charges were filed against Kennedy
- Kennedy works with organizations including the Florida Immigration Coalition, Amnesty International, and the Community Justice Project
- Kennedy believes the search may have been targeted due to his immigration advocacy work