老澳门开奖结果 and Covington Challenge Government鈥檚 Search and Seizure of All Passengers on Domestic Airline Flight
NEW YORK 鈥 The 老澳门开奖结果 and Covington & Burling LLP filed a federal lawsuit today on behalf of passengers of a domestic Delta Airlines flight who were held and searched by U.S. Customs and Border Protection (CBP) agents before being allowed to deplane. Every single passenger on Flight 1583 from San Francisco to New York鈥檚 John F. Kennedy International Airport was stopped and had their identity documents seized and searched.
鈥淭he officers did not have any legal justification for seizing and searching these passengers,鈥 said 老澳门开奖结果 Deputy Legal Director Cecillia Wang. 鈥淭his is a serious and illegal erosion of our basic civil liberties. Because CBP publicly took the position that this action was pursuant to policy and a 鈥榬outine鈥 matter, we are compelled to take action to ensure that this doesn鈥檛 happen to passengers on future flights.鈥
As Flight 1583 was arriving at JFK on the evening of February 22, the Delta Airlines flight crew announced that all passengers would have to show identification to deplane. Many passengers were surprised, disturbed, and wondered aloud what authority the government had to prevent them from leaving the airplane and require that they produce identification documents.
Agents blocked the plane doorway, forcing passengers to queue inside and delaying their exit as officers stopped them one by one, took their identification documents, scrutinized them, and only then permitted them to pass. The officers never asked for passengers鈥 consent.
Plaintiff Kelley Amadei and her 7-year-old son were deeply shaken by the experience. Amadei recounts how the agents halted and stared down her and her son; she is white, and he has darker skin. Amadei was alarmed by this wordless exchange and finally told the officer that her son is just 7 and does not carry identification. Only then did the agent back off and let them leave the plane.
鈥淚t was very upsetting. My son was so scared that he asked if our family was in trouble and whether everything was okay,鈥 she said. 鈥淭he officers refused to explain why they were doing this, even when asked. I have flown a lot and this has never happened before. Treating passengers with coercive force like this is not okay, and should not become the norm.鈥
The CBP agents, acting at the behest of U.S. Immigration and Customs Enforcement, violated the passengers鈥 rights against unreasonable search and seizure under the Fourth Amendment, the lawsuit charges. The government鈥檚 policy also violates the Administrative Procedure Act.
The case, Amadei v. Duke, was filed in U.S. District Court/Eastern District of New York. It names officials from the Department of Homeland Security, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement as defendants.
The lawsuit in part seeks a permanent injunction barring the government from seizing and conducting warrantless and/or suspicionless identification checks of passengers disembarking from domestic flights.
Stay Informed
Sign up to be the first to hear about how to take action.