US citizen says he was detained returning from Canada
Bachir Atallah, a real estate attorney from New Hampshire, says he and his wife, Jessica Fakhri, were stopped crossing from Canada into Vermont
Bachir Atallah you really thought you were white adjacent and one of the good ones?
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Why do these people agree to let these fascists comb thru their phones?
They don't really give you a choice.
If you plan on crossing the us border, you should wipe your phone and log out of any accounts it has been setup to access. They can search your phone. There's no "agree to let" here.
or use a burner phone, which are pretty cheap, you can buy a used one off many sites.
El Salvador.
Austraia and the UK have similar laws to allow border police to search your electronic devices. In Australia they can clone your phone and keep a copy for as long as they want.
What's bemusing to me is to read some local Aussie posters saying how fascist America has become, when Australia does the same and has for over a decade.
Because it’s that or be denied entry. And then what do you do?
Wait, call a lawyer, start lawsuits. These two examples have been immigration lawyers. You cant violate confidentiality just because the govt asks.
This guy in the article was a lawyer, but not an immigration lawyer. His sister is an immigration lawyer, according to the article.
Is this actually true for full-on citizens tho?
AFAIK the current rules for citizens are:
If your phone has a biometric ID -- face unlock, fingerprint unlock, etc. they can just force you to unlock it. If it has a password they can't.
They can take your electronics and refuse to give them back. If your phone is locked with a password, they can't force you to give them the password, but they're allowed to keep it, and then use a tool to break into it, so they can search through everything on it. Eventually they have to return it, but there's no requirement to do it quickly. Think months, not hours.
In theory, they're not supposed to search your devices while they're online, so they're only searching whatever's stored locally on the phone, but reports are that they don't actually follow this rule.
The only thing that's different for citizens is that they can't refuse you entry into the country. You can still be forced to surrender your electronics, but you're supposed to be allowed to proceed.
Now, that's the "old way". Those are the Biden-era rules, and they frequently bent or broke those rules. You can guess how much they're bending and breaking the rules now that Trump will let them get away with anything.
Mostly depends on whether immigration agents believe you are a citizen.
Good point. I wouldn't trust them not to simply shred your passport nowadays tbh
I've seen a few court cases that have said either: 1) you have no expectation of privacy at the border. Govt can do anything they want or 2) there's no blanket permission to ransack phones - have to have cause or etc. I don't think it's been adjudicated up to the supreme court. Hopefully it won't until a better set of judges gets appointed
I mean if this administration gave a shit about the rule of law or orders from a judge, then no it wouldn’t apply.
What happened to these people proves that being a citizen won’t necessarily save you.
