Thomas Kennedy, an Argentinian-American writer and immigration advocate, has sued the US government, seeking deletion of data he believes border agents copied from his phone when he returned to Miami earlier this month. He says a Customs and Border Protection agent searched his bags, questioned him about his reading and work, and took his phone for about 45 minutes after warning that refusing would prolong the questioning and could lead to the phone being kept indefinitely. Kennedy suspects he was targeted because of his work supporting immigrants’ rights; he was released without charge.

US courts have recognised a border-search exception to the Fourth Amendment, allowing searches of people, luggage and electronic devices without a warrant. CBP says it may copy device data when it relates to suspected legal violations or enforcement matters, and describes such searches as rare: in fiscal year 2025 it searched devices belonging to 55,318 of more than 419 million travellers processed at ports of entry, or 0.0013%. Kennedy says his phone contained sensitive personal and professional information and argues the search was intended to suppress his political speech.