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French scientist denied US entry after phone messages critical of Trump found (www.theguardian.com)

submitted 2 weeks ago by Technoworcester@lemm.ee to c/world@lemmy.world

153 comments fedilink hide all child comments

France’s research minister said a French scientist was denied entry to the US this month after immigration officers at an airport searched his phone and found messages in which he had expressed criticism of the Trump administration.

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[–] Aatube@kbin.melroy.org 13 points 2 weeks ago (2 children)

That's forced. Since when was it a thing?

[–] SnotFlickerman@lemmy.blahaj.zone 25 points 2 weeks ago* (last edited 2 weeks ago) (1 children)

Since the PATRIOT Act at least, but possibly since Reagan's Executive Order 12333.

Looks like there is also a court case from 1977 that is related.

https://en.m.wikipedia.org/wiki/Border_search_exception

Every border patrol agent within 100 miles of any US border has this authority and has for a looooong fucking time.

It's honestly a little shocking this isn't more well known.

[–] Aatube@kbin.melroy.org 7 points 2 weeks ago (2 children)

A 2-1 circuit split means that the 2 currently prevails, thus making border searching of electronics illegal unless you're within the 11th's jurisdiction (Florida, Georgia, Alabama, while the guy was arrested traveling to a Texas conference), no?

In 2014, the US Supreme Court issued its landmark ruling in Riley v. California, which held that law enforcement officials violated the Fourth Amendment when they searched an arrestee's cellphone without a warrant. The court explained, "Modern cell phones are not just another technological convenience. With all they contain and all they may reveal, they hold for many Americans 'the privacies of life.' The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought."[15]

In 2013, before Riley was decided, the Ninth Circuit court of appeals held that reasonable suspicion is required to subject a computer seized at the border to forensic examination. [...] In May of 2018, in U.S. v. Kolsuz, the Fourth Circuit Court of Appeals has held that it is unconstitutional for US border officials to subject visitors' devices to forensic searches without individualized suspicion of criminal wrongdoing.[22] Just five days later, in U.S. v. Touset, the Eleventh Circuit Court of Appeals split with the Fourth and Ninth Circuits, ruling that the Fourth Amendment does not require suspicion for forensic searches of electronic devices at the border.[23] The existence of a circuit split is one of the factors that the Supreme Court of the United States considers when deciding whether to grant review of a case.[24]

[–] SnotFlickerman@lemmy.blahaj.zone 12 points 2 weeks ago* (last edited 2 weeks ago) (1 children)

I'm just gonna go out on a limb here and say they're ignoring whatever court precedent actually exists at this point anyway.

Also, a phrase I've heard a lot "you can beat the charge but you can't beat the ride." Meaning, like Luigi Mangione, you can argue in court about illegal seizures after it has already happened. I'm guessing most border patrol agents just plan on losing court cases like this, because they know, in the moment, they can get away with it.

I mean they fucking tortured a white European green card holder recently.

[–] bassomitron@lemmy.world 3 points 2 weeks ago (1 children)

I mean they fucking tortured a white European green card holder recently.

What is this news? I haven't heard of that yet.

[–] SnotFlickerman@lemmy.blahaj.zone 14 points 2 weeks ago* (last edited 2 weeks ago) (1 children)

https://www.wgbh.org/news/local/2025-03-14/green-card-holder-from-new-hampshire-interrogated-at-logan-airport-detained

“It was just said that his green card was flagged,” said Astrid Senior, his mother. She said she didn’t hear from her son directly until Tuesday, when she learned he’d been hospitalized.

Senior described Schmidt being “violently interrogated” at Logan Airport for hours, and being stripped naked, put in a cold shower by two officials, and being put back onto a chair.

She said Schmidt told her immigration agents pressured him to give up his green card. She said he was placed on a mat in a bright room with other people at the airport, with little food or water, suffered sleep deprivation, and was denied access to his medication for anxiety and depression.

“He hardly got anything to drink. And then he wasn’t feeling very well and he collapsed,” said Senior.

He was transported by ambulance to Mass General Hospital. He didn’t know it at the time, but he also had influenza.

On Tuesday, Schmidt was transported to the regional headquarters for ICE in Burlington, Massachusetts, and then transferred to the Wyatt facility. The family, including his partner, who is a cardiologist in Nashua, have acquired attorneys and been working with the German consulate in hopes to have him released on bail.

Schmidt and his mother moved to the U.S. in 2007, and received green cards in 2008. He moved from California to New Hampshire in 2022.

Senior described her son as a hardworking electrical engineer with a partner and 8-year-old daughter who are both U.S. citizens.

[–] bassomitron@lemmy.world 7 points 2 weeks ago

This is fucking outrageous, what the fuck...

[–] khannie@lemmy.world 4 points 2 weeks ago (1 children)

My understanding is that any protections like that only apply to citizens while at the border and not foreigners looking to travel.

[–] Aatube@kbin.melroy.org 3 points 2 weeks ago

held that it is unconstitutional for US border officials to subject visitors' devices to forensic searches without individualized suspicion of criminal wrongdoing

It's not like the Bill of Rights doesn't apply to people with just visas either.

[–] IDKWhatUsernametoPutHereLolol@lemmy.dbzer0.com 5 points 2 weeks ago (1 children)

Since, like the moment I learned about the US Borders.

It's always been a thing, you see a lot of these in r/privacy and now c/pricacy

Only US Citizens can refuse the search and still enter* but their devices could still be confiscated.

*for now

[–] Aatube@kbin.melroy.org 1 points 2 weeks ago

I have a quote above. As SF said, agents who do that would be violating court rulings.