REPS LIEU, NORTON, BEYER AND ESPAILLAT REINTRODUCE BILL TO PROTECT PRIVACY OF U.S. CITIZENS CROSSING THE BORDER
WASHINGTON - Today, Congressman Ted W. Lieu (D-Los Angeles County), Congresswoman Eleanor Holmes Norton (D-DC), Congressman Donald Beyer (D-VA) and Congressman Adriano Espaillat (D-NY) reintroduced the Protecting Data at the Border Act, which would require law enforcement to obtain a warrant before searching an American’s laptop and phone at a port of entry. The reintroduction comes on the heels of several high-profile stories of Customs and BorderPatrol agents searching travelers’ phones and electronics, denying them entry in some cases. These instances highlight the fact that even Americans can be subjected to warrantless searches at ports of entry. The bill was first introduced in the 116thCongress and has been reintroduced every Congress since.
"No American should have to give up their right to privacy just because they’re traveling," said Rep. Lieu. "Americans have a constitutional right to privacy enshrined by the Fourth Amendment. Searching someone’s phone gives an agent access to everything from pictures to texts to bank accounts to location data to medical information. The Founders could never imagine the information that a cellphone holds, but they had enough sense to safeguard us from unreasonable and invasive searches. Our bill serves to make clear that the government does not possess the right to indiscriminately search phones and laptops of Americans without due process and adequate cause."
"Potential civil liberties violations at ports of entry have long been a concern, but with a lawless, authoritarian President allowing major intrusions into Americans’ privacy and personal data, there is heightened urgency for Congress to address this issue"” said Rep. Beyer. "The Protect Data at the Border Act would protect Americans’ constitutional rights and prevent unnecessary, invasive searches. Everyone should support this badly needed reform."
"The Fourth Amendment protects Americans against unreasonable searches but unfortunately searches at the border fall under an exception that allows law enforcement to search electronic devices, even those of American citizens, without a warrant," Rep. Norton said. "The Supreme Court has held that police generally need a warrant to search cell phones. Americans should enjoy this protection against warrantless search by American law enforcement at the border as well. My constituents have opened cases about this issue with my office, and as a former assistant legal director for the ACLU, I know the importance of strong defenses for our civil liberties, including protections against unreasonable searches."
"The Protecting Data at the Border Act upholds the fundamental rights of Americans and will restrict the Trump administration’s unchecked power to rifle through the personal data of millions of Americans without due process,” said Rep. Espaillat. “We must uphold the Fourth Amendment and protect vulnerable communities against unreasonable searches and seizures. We will not tolerate the Trump administration’s dangerous precedent to compromise Americans’ privacy and stand united to ensure that no citizen should ever have to forfeit their constitutional rights simply because they are crossing a border."
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