Original Date Announced

CBP has detained and searched the phones of multiple immigration attorneys returning from international travel at airports, despite the attorneys indicating to agents that their phones contained privileged information.

Among those subject to the practice include Amir Makled -- an American citizen and attorney for a University of Michigan student criminally charged in relation to pro-Palestinian demonstrations -- who was detained by CBP at the Detroit Airport on April 6, 2025, while returning to the country. According to Makled, he was taken to secondary screening in a "small interrogation room" and questioned by CBP's "Tactical Terrorism Response Team." A CBP officer reportedly told Makled, "[w]e know you're a lawyer. We know you take on big cases." The agents wanted to confiscate Makled's phone, but he refused to turn it over "because it contained privileged information with all of his clients." Eventually, Makled agreed to let the agents see his contact list and was allowed to leave.

CBP declined to give a reason for interrogating Makled apart from searching his phone, and issued a statement: "Claims that CBP is searching more electronic media due to the administration change are false. CBP’s search numbers are consistent with increases since 2021, and less than 0.1% of travelers have their devices searched."

Trump 2.0 [ID # 1668]

Subsequent Trump and Court Action

2025.10.04: Canadians caught in crossfire as U.S. customs searches of electronic devices rise at borders - CBC News

CBC News reports on a significant increase in CBP electronic-device searches at border crossings. "While electronic device searches jumped by 12.6 per cent over the past year, the total number of travellers entering the United States rose by 6.6 per cent. Among the most notable increases are searches of U.S. citizens' devices, which rose nearly 22 per cent." Immigration lawyers note a heightened sense of fear and scrutiny, with some travelers reporting questions about their political opinions, including views on the U.S. President.

Subsequent Trump and Court Action

2025.10.02 Complaint - Lattarulo v. Noem

Andrew Lattarulo, a Massachusetts immigration attorney, filed a complaint against CBP and DHS agents who seized his phone. Lattarulo alleges that despite completing a CBP inspection prior to departure (and thus arriving at a domestic terminal), he was stopped at his arrival gate immediately after leaving the jet bridge, where the agents seized his phone despite Lattarulo communicating that it contained privileged information. Lattarulo alleges that he was targeted because he "posts via an Instagram account through which he provides immigrants and the public with know-your-rights information about U.S. immigration matters." The complaint alleges that CBP violated Lattarulo's First and Fourth Amendment rights. The lawsuit seeks the return of his phone, an immediate stop to the search of the phone, and an order for the federal government to destroy any material it obtained from the device. Lattarulo v. Noem, No. 1:25-cv-12861 (D. Mass).

**Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

Subsequent Trump and Court Action

2025.10.03 Order Granting TRO in Part - Lattarulo v. Noem

Judge Allison Burroughs granted Atty. Andrew Lattarulo's request for a temporary restraining order in part, enjoining CBP "from conducting any searches or further searches of Plaintiff's cell phone and from transmitting, analyzing, or otherwise using any data already gathered therefrom." Lattarulo v. Noem, No. 1:25-cv-12861 (D. Mass).

**Link to case here. See litigation notice above.**