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  1. United States
  2. N.Y.
  3. Letter

Request for Investigation into Illegal Border Searches by DHS/CBP

To: Sen. Schumer, Rep. Gillen, Sen. Gillibrand

From: A verified voter in Valley Stream, NY

March 22

I am writing to urge you to open an investigation into the U.S. Customs and Border Protection (CBP), in coordination with the Department of Homeland Security (DHS), regarding widespread reports of unlawful searches of Americans’ phones and other digital devices at ports of entry. In addition, there are disturbing reports of U.S. citizens and lawful residents being illegally detained, questioned without probable cause, and even deported. These actions appear to be serious violations of constitutional protections and demand immediate Congressional oversight. Under the Fourth Amendment, all Americans are protected from unreasonable searches and seizures. While CBP has claimed that border searches fall under a “border search exception,” this exception does not eliminate the need for probable cause or warrants in cases involving deeply personal digital data. The Supreme Court’s decision in Riley v. California (2014) affirmed that digital devices carry vast amounts of private information and cannot be searched without a warrant under normal circumstances. The idea that Americans can be forced to surrender device passwords or endure intrusive searches without due process at the border is an alarming erosion of our rights. Furthermore, there is growing concern that DHS is collecting, storing, and potentially sharing this data—without transparency or proper oversight. Americans deserve to know what data is being taken, how long it is stored, and what agencies have access to it. I am asking you to take the following steps: 1. Open a formal investigation into the CBP and DHS’s border search practices, including the legality of digital device searches and the treatment of U.S. citizens and residents. 2. Support legislation to strengthen Fourth Amendment protections at the border and prevent warrantless searches of electronic devices without reasonable suspicion or probable cause. 3. Demand that DHS and CBP disclose how often they conduct these searches, what data is collected, and who can access it. I respectfully request that you respond to this letter with a clear statement of your position on this issue and what actions you plan to take to protect the constitutional rights of your constituents. Thank you for your time and commitment to safeguarding the civil liberties of all Americans. I look forward to your response.

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