Federal Judge Rules CBP Phone Searches of Palestinian American Violated Fourth Amendment
A federal judge ruled that U.S. customs agents violated the Fourth Amendment rights of Palestinian American activist Osama Abu Irshaid when they searched his cell phones during two 2024 returns to the United States.
U.S. District Judge Michael Nachmanoff, sitting in the Eastern District of Virginia, found that the government lacked reasonable suspicion to justify the advanced searches. Abu Irshaid is the executive director of American Muslims for Palestine, and the searches occurred after international travel in June and August 2024.
The ruling matters because phones can contain years of private communications, photos, location data, contacts, and political activity. Border agents have broad authority, but the court said advanced or forensic searches still require individualized suspicion tied to legitimate border security purposes.
The government argued that agents had reason to suspect terrorism financing. The judge rejected that argument, writing that the evidence did not rise to reasonable suspicion and had little tangible connection to terrorism financing.
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CAIR, which represented Abu Irshaid, welcomed the decision and said it expected the phone searches to end. AMP called the ruling a victory for Abu Irshaid and for pro-Palestinian advocacy more broadly.
The ruling was not a complete win for Abu Irshaid. The court ruled for the government on his First Amendment retaliation claim, finding he had not carried the burden required for that claim. The judge ordered both sides to submit briefs on the appropriate remedy within 21 days, meaning the practical outcome is still being shaped.
DHS did not immediately respond to Reuters for comment on the ruling. Reuters reported that the government previously said it does not add people to such lists based on race, religion, or free speech activity.
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