FOIA Lawsuit
Knight Institute v. DHS
A FOIA lawsuit seeking records relating to searches of electronic devices at the U.S. border
On March 27, 2017, the Knight Institute filed a FOIA lawsuit seeking records relating to searches of travelers' electronic devices at the U.S. border.
These searches, which the government claims the authority to conduct without any suspicion of wrongdoing, have grown dramatically in recent years, rising from about 8,500 in 2015 to over 30,000 in 2017. To learn more, the Knight Institute filed a FOIA request for records, including policy documents and portions of the database used by the government to document its searches.
In response to its lawsuit, the Knight Institute has now obtained a 92-page spreadsheet cataloging over 400 traveler complaints submitted between October 1, 2011 to April 4, 2017, around 240 of which describe searches of electronic devices. The complaints reveal a range of discriminatory, demeaning, and gratuitously intrusive treatment of travelers who were forced to turn over the digital details of their lives without judicial oversight or suspicion of wrongdoing.
Agencies Involved: Department of Homeland Security (Customs & Border Protection, and Immigration & Customs Enforcement)
Status: Briefing completed; awaiting decision from district court.
Case Information: Knight First Amendment Inst. at Columbia Univ. v. DHS, No. 1:17-cv-00548-TSC (D.D.C.).
Featured
Analysis
Warrantless Border Searches: The Officer "Searched Through ... Intimate Photos of My Wife"
Traveler complaints reveal a range of discriminatory, demeaning, and gratuitously intrusive searches
Press Statements
Analysis
Legal Filings
Click to highlight response chains
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D.D.C.
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Plaintiff's Notice of Supplemental Authority
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Exhibit A - Judicial Watch v. DOJ
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Plaintiff's Reply
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Declaration of Matthew Hellman
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Exhibit GG
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Exhibit HH
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Exhibit II
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Exhibit JJ
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Exhibit KK
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Exhibit LL
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Exhibit MM
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Exhibit NN
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Exhibit OO
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Exhibit PP
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Government's Reply
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Exhibit D
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Exhibit E
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Exhibit C
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Exhibit F
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Exhibit B
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Government's Response
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Exhibit A
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Plaintiff’s Cross-Motion for Summary Judgment
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Plaintiff's LCvR 7(h)(1) Statement
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Plaintiff's Response to Government's LCvR 7(h)(1) Statement
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Declaration of Matthew Hellman
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Exhibits A–K
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Exhibits L–V
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Exhibits W–FF
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Government's Motion for Summary Judgment
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Exhibit A
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Exhibit B
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Exhibit C
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Exhibit D
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Exhibit E
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Exhibit F
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Exhibit G
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Exhibit H
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Exhibit I
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Government's LCvR 7(h)(1) Statement
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15th Joint Status Report
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14th Joint Status Report
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13th Joint Status Report
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12th Joint Status Report
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11th Joint Status Report
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Government's Notice of Restoration of Appropriation
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Government's Motion for Stay
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10th Joint Status Report
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Order (setting processing schedules)
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9th Joint Status Report
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8th Joint Status Report
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7th Joint Status Report
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6th Joint Status Report
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5th Joint Status Report
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4th Joint Status Report
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3d Joint Status Report
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2d Joint Status Report
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1st Joint Status Report
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Government's Answer
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Exhibit Index
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Exhibit A - CBP Directive
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Exhibit B - ICE Directive
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Exhibit C - CBP FOIA Request
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Exhibit D - ICE Acknowledgement
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Exhibit E - DHS Acknowledgement
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Exhibit F - ICE Referral to DHS
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Exhibit G - ICE Referral to CBP
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Exhibit H - CBP Confirmation
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Exhibit I - DHS Email
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Exhibit J - TSA Letter
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Exhibit K - DHS Acknowledgement
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Amended Complaint
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Complaint
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FOIA Request
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