Although the court stopped short of requiring border officials to obtain a warrant supported by probable cause prior to searching smartphones and laptops, its decision is being hailed as a major victory by privacy rights advocates. The ruling will serve as an important check on the rising number of electronic device searches conducted at the border each year.
Category Data Privacy
U.S. Customs and Border Protection seemingly has unlimited authority to search the contents of a traveler’s electronic device, and even retain that device. While a recent lawsuit has challenged that authority, travelers should nevertheless consider safeguarding privileged or sensitive information stored on their electronic devices when entering the United States.
Is the Trump administration planning to suspend visa issuance to all citizens of sanctioned countries? A new rule paves the way.
On October 3, 2018, Judge Edward Chen of the U.S. District Court for the Northern District of California issued a preliminary injunction in Ramos v. Nielsen, temporarily preventing the Trump administration from terminating Temporary Protected Status (TPS) for nationals of El Salvador, Haiti, Nicaragua and Sudan. In his decision, Judge Chen noted that Plaintiffs — TPS beneficiaries who have legally resided in the U.S. for many years along with their U.S. Citizen children —“established without dispute that local and national economies will be hurt if hundreds of thousands of TPS beneficiaries are uprooted and removed,” and substantially supported their claims that the administration’s decision to terminate TPS for these countries was done in violation of the Administrative Procedures Act (APA) and Equal Protection guaranteed by the U.S. Constitution.
On June 26, 2018, in a narrow 5–4 decision, the U.S. Supreme Court upheld President Trump’s most-recent (third) version of the travel ban, which imposes travel restrictions on nationals of Iran, Libya, North Korea, Syria, Venezuela, and Yemen.
The U.S. Supreme Court heard arguments regarding the constitutionality of President Trump’s latest version of the travel ban.