Immigration advocate and writer Thomas Kennedy has sued the federal government after a Customs and Border Protection stop at Miami International Airport. According to the complaint, an agent questioned him about his books and magazines, then demanded his phone, warning that refusal would mean a longer interrogation and indefinite retention of the device. Kennedy handed it over; the phone was returned after about 45 minutes, but he believes its contents were copied.
Kennedy, who works with groups including the Florida Immigration Coalition and Amnesty International, says he was targeted for his organizing around immigrants' rights. He notes that in 2021, after he spoke out against Governor Ron DeSantis, Miami Police surveilled him and barred him from press conferences. He is now asking a court to order the government to delete any copied data.
CBP's own policy permits copying device data with probable cause or when it relates to immigration and customs enforcement. The agency says such searches are rare, reporting 55,318 device searches out of more than 419 million travelers in fiscal year 2025. Federal courts have long recognized a border exception to the Fourth Amendment, but Kennedy argues the search went beyond legal bounds and was meant to suppress his political speech.