Galstyan Law Firm

CBP’s right to conduct suspicion-less searches of persons and conveyances has long been upheld by the Supreme Court as a border search exception to the 4th Amendment. While the 4th Amendment to the Constitution guarantees [t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, the Supreme Court held in Carroll v. United States, 267 U.S. 132 (1925), that it is reasonable to conduct border searches ...without a warrant due to national security interests. CBP’s policy of conducting suspicion-less searches of electronic devices has not yet been meaningfully challenged. Following the publication of the 2009 guidance, the Supreme Court held, in Riley v California, 134 S. Ct. 2473 (2014), that the police may not search and seize the digital contents of a person’s cell phone or electronic device, incident to an arrest, without first obtaining a search warrant. In arriving at this conclusion, the Court noted that cell phones have become such a pervasive and insistent part of daily life that the proverbial visitor from Mars might conclude they were an important feature of human anatomy. Riley, 134 S. Ct. at 2484. The ability of modern cell phones to contain the digital sum total of one’s papers and effects, the Court held, makes police searches of these devices unreasonable without a warrant. This ruling, however, only applies to arrests occurring in the interior of the United States and does not address arrests or searches at the border. Though this issue could be considered by a federal court, given the dire consequences to a foreign national who refuses to submit to such a search (including expedited removal), it is more likely that this issue will be pursued by a U.S. citizen who does not consent and is willing to litigate the matter.

Secretary of Homeland Security Jeh Johnson has extended Temporary Protected Status (TPS) for eligible nationals of Nepal (and those without nationality who last habitually resided in Nepal) for an additional 18 months, effective Dec. 25, 2016, through June 24, 2018. Current TPS Nepal beneficiaries who want to extend their TPS must re-register during the 60-day re-registration period that runs from October 26, 2016 through December 27, 2016. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible once the 60-day re-registration period begins. The 18-month extension allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Those who re-register during the 60-day period and request a new EAD will receive one with an expiration date of June 24, 2018.

The mission of the American Immigration Lawyers Association (AILA) includes the promotion of justice and advocacy for fair and reasonable immigration laws. In response to the immigration platform presented by Donald Trump, AILA expressed deep concern over his dark portrayal of immigrants as criminals and a drain on our society and economy. His speech reflected a lack of understanding of immigration law, a disregard for fundamental rights of due process guaranteed by the Const...Continue reading

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