News & Analysis as of

Immigration and Customs Enforcement (ICE) Border Searches

Eversheds Sutherland (US) LLP

The First Circuit Court of Appeals confirms government’s expansive authority to search electronic devices

In a closely watched decision, the US Court of Appeals for the First Circuit confirmed the government’s expansive authority to search cell phones, laptops, and other electronic devices at the border. On February 9, 2021, the...more

Vinson & Elkins LLP

Think Before You Pack that Laptop—Searches At The U.S. Border May Compromise Personal And Corporate Data

Vinson & Elkins LLP on

A new decision from the First Circuit upholding the federal government’s authority to search the electronic devices of anyone entering the United States — in some instances without a warrant, probable cause, or even...more

WilmerHale

Prepare For More Electronic Device Searches At U.S. Borders

WilmerHale on

In recent years, the U.S. Department of Justice has brought an increasing number of cases aimed at combating economic espionage as part of its China Initiative. This effort has included cases against scientific researchers...more

WilmerHale

Borderline: The Evolving Landscape of the Border Search Doctrine

WilmerHale on

In recent years, the US Department of Justice (DOJ) has brought an increasing number of cases aimed at combating economic espionage as part of its China Initiative. This effort has included cases against scientific...more

Mintz - Immigration Viewpoints

A Victory for Digital Privacy Rights at the U.S. Border

Last week, in a historic decision on travelers’ rights to privacy at the U.S. border, U.S. District Court Judge Denise Casper in Boston ruled that suspicionless searches at U.S. ports of entry (airports and border crossings)...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Administration Clarifies and Limits Searches of Electronic Devices at Border

On January 4, 2018, U.S. Customs and Border Protection (CBP) issued Directive 3340-049A, governing border searches of electronic devices. CBP’s new directive updates and provides several improvements over the agency’s initial...more

Womble Bond Dickinson

Can They Really Do That?

Womble Bond Dickinson on

Best Practices for Managing U.S. Border Searches of Electronic Devices - Effective October 18, 2017, the U.S. Department of Homeland Security (DHS), U.S. Citizenship & Immigration Services (USCIS), Immigration & Customs...more

Foley Hoag LLP

Border Searches of Your Electronic Devices — What Rights Do You Have?

Foley Hoag LLP on

The United States government has reported that border searches of electronic devices in the U.S. increased from 4,764 in 2015 to 23,877 in 2016. Because electronic devices have immense data storage capacity and can hold...more

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