Merchant v. Mayorkas
What's at Stake
The 老澳门开奖结果, the Electronic Frontier Foundation, and the 老澳门开奖结果 of Massachusetts have filed a lawsuit against the Department of Homeland Security on behalf of 11 travelers whose smartphones and laptops were searched without warrants at the U.S. border.
Summary
The plaintiffs in the case are all U.S. citizens who come from a variety of backgrounds. The lawsuit challenges the government鈥檚 of searching travelers鈥� electronic devices without a warrant. It seeks to establish that the government must have a warrant based on probable cause to suspect a violation of immigration or customs laws before conducting such searches.
The plaintiffs include a military veteran, journalists, an artist, a NASA engineer, and a business owner. Several are Muslims and people of color. All were reentering the country from business or personal travel when border officers searched their devices. They were not subsequently accused of any wrongdoing. Officers also confiscated and kept the devices of several plaintiffs for weeks or months.
The number of electronic device searches at the border increased significantly in 2016 and has grown even more under the Trump administration. CBP officers conducted more than 30,000 electronic device searches in fiscal year 2018, over three times the number from fiscal year 2015 (8,503).
The case was filed in the U.S. District Court for the District of Massachusetts. In November 2019, the district court ruled that border authorities may only search a traveler鈥檚 electronic device if they have reasonable suspicion that the device contains digital contraband. A three-judge panel at the U.S. Court of Appeals for the First Circuit reversed this decision in February 2021.
On April 23, 2021, we asked the Supreme Court to hear the case.
Legal Documents
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06/04/2021
Reply Brief for Petitioners -
05/28/2021
Amicus Brief of Center for Democracy & Technology, Brennan Center for Justice, and TechFreedom in Support of Petitioner -
05/28/2021
Amicus Brief of Constitutional Accountability Center in Support of Petitioners -
05/25/2021
Brief of Respondent United States -
04/23/2021
Supreme Court Petition
Date Filed: 06/04/2021
Court: Supreme Court (U.S.)
Date Filed: 05/28/2021
Court: Supreme Court (U.S.)
Date Filed: 05/28/2021
Court: Supreme Court (U.S.)
Date Filed: 05/25/2021
Court: Supreme Court (U.S.)
Date Filed: 04/23/2021
Court: Supreme Court (U.S.)
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10/21/2020
Plaintiffs' Reply Brief -
09/30/2020
Gov't Reply Brief -
08/07/2020
Amicus Briefs in Support of Plaintiffs -
- Constitutional Accountability Center
- Floyd Abrams, Jack Balkin, Hannah Bloch-Webah et al.
- Knight First Amendment Institute, Reporters Committee for Freedom of the Press, and 12 Media Organizations
- Center for Democracy & Technology, Brennan Center for Justice, R Street Institute, and TechFreedom
- National Association of Criminal Defense Lawyers
- Asian Americans Advancing Justice - Asian Law Caucus et al.
- Harvard Immigration and Refugee Clinic
Merchant v. MayorkasLegal DocumentsConstitutional Accountability CenterDate Filed: 08/07/2020
Court: Appeals Court (1st Cir.)
Merchant v. MayorkasLegal DocumentsFloyd Abrams, Jack Balkin, Hannah Bloch-Webah et al.Date Filed: 08/07/2020
Court: Appeals Court (1st Cir.)
Merchant v. MayorkasLegal DocumentsKnight First Amendment Institute, Reporters Committee for Freedom of the Press, and 12 Media OrganizationsDate Filed: 08/12/2020
Court: Appeals Court (1st Cir.)
Merchant v. MayorkasLegal DocumentsCenter for Democracy & Technology, Brennan Center for Justice, R Street Institute, and TechFreedomDate Filed: 08/18/2020
Court: Appeals Court (1st Cir.)
Merchant v. MayorkasLegal DocumentsNational Association of Criminal Defense LawyersDate Filed: 08/18/2020
Court: Appeals Court (1st Cir.)
Merchant v. MayorkasLegal DocumentsAsian Americans Advancing Justice - Asian Law Caucus et al.Date Filed: 08/31/2020
Court: Appeals Court (1st Cir.)
Merchant v. MayorkasLegal DocumentsHarvard Immigration and Refugee ClinicDate Filed: 08/31/2020
Court: Appeals Court (1st Cir.)
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07/31/2020
Plaintiffs' Principal and Response Brief -
06/01/2020
Gov't Principal Brief
Date Filed: 10/21/2020
Court: Appeals Court (1st Cir.)
Date Filed: 09/30/2020
Court: Appeals Court (1st Cir.)
Date Filed: 07/31/2020
Court: Appeals Court (1st Cir.)
Date Filed: 06/01/2020
Court: Appeals Court (1st Cir.)
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11/21/2019
Judgment Granting Declaratory and Injunctive Relief -
11/19/2019
Joint Statement Regarding Relief -
11/12/2019
Opinion -
07/15/2019
Gov't Reply Cross-Motion for Summary Judgment -
07/03/2019
Plaintiffs' Response to Gov't Statement of Undisputed Material Facts and Reply in Support of Statement of Undisputed Material Facts -
07/03/2019
Plaintiffs' Opposition to Gov't Motion for Summary Judgment and Reply Summary Judgment -
06/06/2019
Gov't Cross-Motion for Summary Judgment in Opposition to Plaintiffs' Motion for Summary Judgment -
04/30/2019
Plaintiffs' Motion for Summary Judgement -
04/30/2019
Exhibits for Plaintiffs' Motion for Summary Judgement -
- Exhibit 1: Declaration of Plaintiff Ghassan Alasaad
- Exhibit 2: Declaration of Plaintiff Nadia Alasaad
- Exhibit 3: Declaration of Plaintiff Suhaib Allababidi
- Exhibit 4: Declaration of Plaintiff Sidd Bikkannavar
- Exhibit 5: Declaration of Plaintiff J茅r茅mie Dupin
- Exhibit 6: Declaration of Plaintiff Aaron Gach
- Exhibit 7: Declaration of Plaintiff Ismail Abdel-Rasoul
- Exhibit 8: Declaration of Plaintiff Zainab Merchant
- Exhibit 9: Declaration of Plaintiff Mohammed Akram Shibly
- Exhibit 10: Declaration of Plaintiff Matthew Wright
- Exhibit 11: Declaration of Plaintiff Diane Maye Zorri
- Exhibit 12: Declaration of Sophia Cope
- Exhibit 13: Deposition Transcript of CBP
- Exhibit 14: Deposition Transcript for ICE
- Exhibits 15-30
- Exhibits 31-46
Merchant v. MayorkasLegal DocumentsExhibit 1: Declaration of Plaintiff Ghassan AlasaadDate Filed: 04/30/2019
Court: District Court (D. Mass.)
Merchant v. MayorkasLegal DocumentsExhibit 2: Declaration of Plaintiff Nadia AlasaadDate Filed: 04/30/2019
Court: District Court (D. Mass.)
Merchant v. MayorkasLegal DocumentsExhibit 3: Declaration of Plaintiff Suhaib AllababidiDate Filed: 04/30/2019
Court: District Court (D. Mass.)
Merchant v. MayorkasLegal DocumentsExhibit 4: Declaration of Plaintiff Sidd BikkannavarDate Filed: 04/30/2019
Court: District Court (D. Mass.)
Merchant v. MayorkasLegal DocumentsExhibit 5: Declaration of Plaintiff J茅r茅mie DupinDate Filed: 04/30/2019
Court: District Court (D. Mass.)
Merchant v. MayorkasLegal DocumentsExhibit 6: Declaration of Plaintiff Aaron GachDate Filed: 04/30/2019
Court: District Court (D. Mass.)
Merchant v. MayorkasLegal DocumentsExhibit 7: Declaration of Plaintiff Ismail Abdel-RasoulDate Filed: 04/30/2019
Court: District Court (D. Mass.)
Merchant v. MayorkasLegal DocumentsExhibit 8: Declaration of Plaintiff Zainab MerchantDate Filed: 04/30/2019
Court: District Court (D. Mass.)
Merchant v. MayorkasLegal DocumentsExhibit 9: Declaration of Plaintiff Mohammed Akram ShiblyDate Filed: 04/30/2019
Court: District Court (D. Mass.)
Merchant v. MayorkasLegal DocumentsExhibit 10: Declaration of Plaintiff Matthew WrightDate Filed: 04/30/2019
Court: District Court (D. Mass.)
Merchant v. MayorkasLegal DocumentsExhibit 11: Declaration of Plaintiff Diane Maye ZorriDate Filed: 04/30/2019
Court: District Court (D. Mass.)
Merchant v. MayorkasLegal DocumentsExhibit 12: Declaration of Sophia CopeDate Filed: 04/30/2019
Court: District Court (D. Mass.)
Merchant v. MayorkasLegal DocumentsExhibit 13: Deposition Transcript of CBPDate Filed: 04/30/2019
Court: District Court (D. Mass.)
Merchant v. MayorkasLegal DocumentsExhibit 14: Deposition Transcript for ICEDate Filed: 04/30/2019
Court: District Court (D. Mass.)
Merchant v. MayorkasLegal DocumentsExhibits 15-30Date Filed: 04/30/2019
Court: District Court (D. Mass.)
Merchant v. MayorkasLegal DocumentsExhibits 31-46Date Filed: 04/30/2019
Court: District Court (D. Mass.)
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04/30/2019
Plaintiffs' Memo in Support of Motion for Summary Judgement -
04/30/2019
Statement of Undisputed Material Facts -
01/18/2019
Status Report Regarding Further Stay of Discovery and Briefing Deadlines -
01/02/2019
Motion to Stay Discovery in Light of Lapse of Appropriations -
07/09/2018
Joint Statement and Proposed Discovery Schedule -
06/01/2018
Answer to Amended Complaint -
05/10/2018
Opinion Denying Government's Motion to Dismiss -
04/23/2018
Transcript of Motion Hearing -
03/01/2018
Gov't Reply in Support of Gov't Motion to Dismiss -
02/02/2018
Amicus Briefs in Support of Plaintiffs -
- Knight First Amendment Institute et al.
- Brennan Center for Justice et al.
- Constitutional Accountability Center
Merchant v. MayorkasLegal DocumentsKnight First Amendment Institute et al.Date Filed: 02/02/2018
Court: District Court (D. Mass.)
Merchant v. MayorkasLegal DocumentsBrennan Center for Justice et al.Date Filed: 02/02/2018
Court: District Court (D. Mass.)
Merchant v. MayorkasLegal DocumentsConstitutional Accountability CenterDate Filed: 02/02/2018
Court: District Court (D. Mass.)
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01/26/2018
Plaintiffs' Opposition to Gov't Motion to Dismiss -
12/15/2017
Gov't Memo in Support of Motion to Dismiss -
09/13/2017
Plaintiffs' Amended Complaint
Date Filed: 11/21/2019
Court: District Court (D. Mass.)
Date Filed: 11/19/2019
Court: District Court (D. Mass.)
Date Filed: 07/15/2019
Court: District Court (D. Mass.)
Date Filed: 07/03/2019
Court: District Court (D. Mass.)
Date Filed: 07/03/2019
Court: District Court (D. Mass.)
Date Filed: 06/06/2019
Court: District Court (D. Mass.)
Date Filed: 04/30/2019
Court: District Court (D. Mass.)
Date Filed: 04/30/2019
Court: District Court (D. Mass.)
Date Filed: 04/30/2019
Court: District Court (D. Mass.)
Date Filed: 01/18/2019
Court: District Court (D. Mass.)
Date Filed: 01/02/2019
Court: District Court (D. Mass.)
Date Filed: 07/09/2018
Court: District Court (D. Mass.)
Date Filed: 06/01/2018
Court: District Court (D. Mass.)
Date Filed: 05/10/2018
Court: District Court (D. Mass.)
Date Filed: 04/23/2018
Court: District Court (D. Mass.)
Date Filed: 03/01/2018
Court: District Court (D. Mass.)
Date Filed: 01/26/2018
Court: District Court (D. Mass.)
Date Filed: 12/15/2017
Court: District Court (D. Mass.)
Date Filed: 09/13/2017
Court: District Court (D. Mass.)
Press Releases
老澳门开奖结果 and EFF Ask Supreme Court to Review Case Against Warrantless Searches of International Travelers鈥� Phones and Laptops
Federal Court Rules Suspicionless Searches of Travelers鈥� Phones and Laptops Unconstitutional
New Documents Reveal DHS Claiming Broad, Unconstitutional Authority to Search Travelers鈥� Phones and Laptops
Court Rejects Government Bid to Dismiss 老澳门开奖结果-EFF Suit Challenging Warrantless Phone Searches at U.S. Border
老澳门开奖结果 and EFF Ask Court to Allow Legal Challenge to Proceed Against Warrantless Searches of Travelers鈥� Smartphones, Laptops
老澳门开奖结果 & EFF Sue Over Warrantless Phone and Laptop Searches at U.S. Border
