Ooof. 1st Cir finds that in civil action, "warrantless electronic device searches are essential to the border search exception's purpose of ensuring that the exec branch can adequately protect the border" and no prb cause needed to search ED at border ...…
Although after Riley, crim cases have gone this direction, this was a civil w USC & LPR plaintiffs and covered "basic" & "advanced" searches under the CBP search guidances.
But in this one, the 1st held that "Basic" CBP searches of ED may be performed without reasonable suspicion. Conclusion using the ol' "routine"/"non-routine" search distinction. THIS IS REALLY BAD!
"Electronic device searches do not fit neatly into other categories of property searches, but the bottom
line is that basic border searches of ED do not involve an intrusive search of a person, like the search [SCOTUS] held to be non-routine in Montoya de Hernandez."
Ct emphasized that coz "the CBP Policy only allows searches of data resident on the device" and that Ofcr cannot access encrypted or deleted files, this was decisive to make the distinction.
Ct rejected argument that routine border searches must be tied to uncovering contraband: Nope, ct said! "it follows that a search 4 evidence of either contraband or ** a cross-border crime** furthers the purposes of the border search exception to the warrant requirement." Yakes!
Well, we all know where that *cross-border crime* reference will lead CBP.
The decision extending warrantless border searches to "evidence" or both contraband & xborder crime creates an acknowledged circuit split w 9th in United States v. Cano (holding that the border search exception "is restricted in scope to searches for contraband").
Ct also rejected the 1st Amdmt challenge to the CBP policies: "Nor, as plaintiffs contend, does the presence of
expressive material on electronic devices 'trigger[] a warrant
Bottom line: this type of reasoning allows now CBP to search electronic devices of ANYONE with or without suspicion and to perform "advanced" searches in search "of evidence" of either contraband or border crimes.
Just to illustrate how broad this is already going: abt 10 days I had consult w B-2 who was grilled for 5+ hrs as to purpose of "visiting in a time of pandemic" & searched phone to find out if she had a US boyfriend. They let her in but not before dowld all data (per her)

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More from @NicoletteGlazer

11 Feb
OMG! President Biden has now TERMINATED the national emergency decl on the southern border, clearing the way for the repeal of CDC Title 42 expulsion order.

#NoBan tweeps, PP10014 must be next!
Somehow the Title 42 order and the #entrybans were seen by the Admin as a “package”. Let’s get rid of both TODAY, @POTUS!!!
Anyone has a link to @potus letter terminating the national emergency and freezing funding to Trump’s wall.
Read 5 tweets
11 Feb
Whoooo. 1st "blanket" NIE for the EU COVID-19 entry bans: "those applicants who are found to be otherwise qualified for an F-1 or M-1 visa will automatically be considered for a national interest exception to travel."…
This could be encouraging, #noban tweeps!!! All that @TravelGov need to do is POST one of these bloody notices and #DV2020VisaHolders with valid visas will have their dreams turn to reality!

Let's do this, DOS!
First time I have seen F/M being able to be scheduled in most European consulates. Major improvement on some of the exempted NIVs also. #NoBan
Read 4 tweets
10 Feb
Ok #NoBan and #DV2020VisaHolders tweeps, the status conference in the Gomez case is about to start in 5 min.

Just got in on the call so, unless I get booted out will live tweet>>>> 🧵
This status hrg was prompted by yesterday's DCC order, more on that here:
This is a "status" conference so do not expect a substantive decision BUT YOU NEVER KNOW.

silence on the line. We're waiting for another atty
Read 22 tweets
9 Feb
BREAKING: DC Circuit just sent the Gomez Appeal back to the district court to determine whether "interim relief" is due and whether Government intends to "enforce" PP10014.
The order specifically references the R28j letters which were regarding the expiring/expired #DV2020 visas. Govt argued that nothing was done after judge Mehta invited parties in Gomez to address the issue. Now District Court is sending it to the court to decide the issue.
Read 8 tweets
9 Feb
MPI report: “Just over 250,000 immigrant visas were granted abroad in FY 2020, compared to 459,000 in FY 2019 (notably similar to the 463,000 granted a decade earlier, in FY 2009).”
We have the #s: immigrant visa issuance abroad declined 35% between February and March 2020, and 94 percent between March and April, when U.S. consulates closed because of the pandemic.
The report conclusion is puzzling to say the least: “Trump's tenure underscores the limitations of affecting legal immigration levels through executive actions—even when undertaken by the most activist administration on immigration in the modern era.”
Read 4 tweets
12 Nov 20
The first witness is a Maricopa County Election official who supervises the election process.
So something got F*cked up on the public line so I'm out. Bummer! this was was like the best background work music ever.
I'm back and of course, it was just in time for the judge to announce a 10 min recess.
Read 16 tweets

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