Florida Immigrant-Rights Advocate Says CBP Seized and Copied His Phone

A Florida immigrant-rights advocate says U.S. Customs and Border Protection (CBP) seized his cellphone and copied its contents, arguing in a court filing that the search was intended to suppress his political speech.

“I believe that CBP issued the warning to me because of my organizational and political work surrounding immigrant rights in the state of Florida,” Kennedy wrote in the filing. “This is not the first time law enforcement has targeted and harassed me because of my political views. After speaking out against the governor in 2021, [Ron] DeSantis, the Miami Police Department was monitoring me and barring me from holding a press conference.”

Why CBP can search phones at the border

Federal courts have long recognized the Fourth Amendment’s “border exception,” which allows people, bags, and electronic devices to be searched without a warrant.

Kennedy’s account is reminiscent of a 2017 incident at San Francisco International Airport. In that case, a local artist told Ars that border officials threatened to “fuck you” if he did not hand over his cellphone.

According to CBP’s website, the agency can copy data from an electronic device “if there is reasonable cause to believe that the information contains evidence of a violation of any law that CBP has authority to enforce or administer” or “if the information relates to immigration, customs, or other enforcement matters.”

CBP says electronic searches are rare

CBP says searches of electronic devices are extremely uncommon. Of the more than 419 million travelers the agency processed at ports of entry in fiscal year 2025, CBP searched the devices of 55,318 international travelers—0.0013 percent of the total, according to the agency.

Advocate alleges search was politically motivated

Despite the agency’s claim that such searches are rare, Kennedy remains angry about what happened.

“CBP should not have been able to confiscate my cell phone, much less copy the contents of it,” he said in his complaint. “I think they did it to suppress my political speech.”

The incident was first reported by Miami New Times.