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ACLU Releases Documents Detailing DHS Search and Seizure Practices at the Border

The American Civil Liberties Union (ACLU) has released a series of government documents obtained by its client, David House, as a result of his lawsuit against the Department of Homeland Security (DHS).

House, a friend of Chelsea Manning, filed suit against DHS after his laptop, USB drive, and camera were seized by U.S. customs officials at Chicago O’Hare International Airport when he reentered the U.S. after vacationing in Mexico.  According to ACLU, House, a former researcher at MIT and a fundraiser for Manning’s defense, was questioned about his political activities and beliefs.

The lawsuit alleges the government “targeted House solely on the basis of his lawful association with the [Chelsea] Manning Support Network,” in violation of House’s First and Fourth Amendment rights.

In May, DHS and House reached a settlement agreement, pursuant to which the government agreed it would:

  1. Destroy all remaining data copied from House’s devices,
  2. Hand over documents, such as reports describing the inspection of the data seized, and
  3. Release reports on DHS agents questioning of House.

The documents have been released.  As The New York Times reports, “The documents detail what until now has been a largely secretive process that enables the government to create a travel alert for a person, who may not be a suspect in an investigation, then detain that individual at a border crossing and confiscate or copy any electronic devices that person is carrying.”

However, spokespersons for Customs and Border Patrol defended the agency’s actions saying that searches of electronic devices “are essential to enforcing the law and protecting national security and public safety—always with the shared goals of protecting the American people while respecting civil rights and civil liberties.”

The documents further disclose that the search of House’s devices revealed no evidence of a crime.

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