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U.S. Citizen Sues DHS to End Warrantless Border Searches of Phones and Laptops

The D.C. filing targets 2018 DHS rules authorizing two tiers of electronic-device searches at U.S. ports of entry.

Overview

  • Wilmer Chavarria filed a 15-page lawsuit in the U.S. District Court for the District of Columbia challenging CBP and DHS policies as unconstitutional under the Fourth Amendment.
  • Chavarria, a Vermont school superintendent and naturalized citizen, says CBP detained him for hours in July at Houston’s Bush Intercontinental Airport and pressured him to surrender his devices and passwords.
  • The complaint asks the court to set aside 2018 directives that permit “basic” device inspections without suspicion and “advanced” forensic reviews with supervisory approval.
  • CBP says it searched the devices of less than 0.01% of international travelers in fiscal 2025 as annual device searches climbed from about 8,500 in 2015 to more than 55,000 this year.
  • The Department of Justice declined to comment, and DHS and CBP did not provide immediate comment, while the case could reshape how border-search powers apply to digital data.