Can the Department of Homeland Security Read Your Email?
The Daily Kos has just reported on the ACLU filing a Freedom of Information Act lawsuit to obtain information about how widespread the practice of Customs and Border Patrol (CBP) agents confiscating and reading the contents of individuals’ laptops when they are seeking to enter the U.S. A prior ACLU lawsuit sought information about the criteria CBP uses for these warrantless searches, and the surprising and frightening response was that laptops can be searched “absent any individualized suspicion.” That means CBP agents can search anyone’s laptop without any articulated reason.
What does this mean if you’re LGBT or HIV-positive? It means that if you’ve told the CBP agent that you’re coming to New York to see the statute of liberty, but the agent reads the love letter you’ve emailed your partner expressing your dream of staying here with her permanently, you could be summarily barred from entering the U.S. because of your “immigrant intent.” It also means that, until the HIV ban is fully lifted, the email you just sent from your blackberry to the doctor to confirm your appointment tomorrow for a second opinion about whether you should change your HIV medication regimen, could also summarily bar you from entry if you did not first disclose your HIV status and obtain a waiver.
Immigration Equality has recently heard from several constituents about their laptops being searched and we’ve put them in touch with the ACLU. Everyone knows when they present themselves at a border that their bags will be searched and that contraband (drugs, weapons, tropical fruit) will be confiscated, and this makes sense to protect our borders from tangible objects that could be harmful to the general public. But when people face removal based on their thoughts, which they happen to have committed to (virtual) paper, we are living in a very scary world indeed. Please support the ACLU in their efforts to fight this practice, and if you, or a loved one, have been the subject of a computer search, please let us know.
I hope someone can tell me if there’s any ways I can complain to the immigration & custom officers. They are very unfriendly, & in polite to all the non-American citizens. They treat you like shit.
Comment by Dennis — August 27, 2009 @ 3:35 pm
This happened to my dad when he tried to enter the US in May last year to see my graduation. The immigration officer searched through his bags, turned his laptop on and asked for his passwords to various e-mail accounts (like Hotmail) so they could read his messages. They read through all the e-mails between us and suspected he would “stay” in the US permanently. They eventually let him enter the country for two weeks (just to see my graduation ceremony) and voided his travel visa for good.
I was so shocked when this happened to my dad (especially when I was waiting in the arrivals hall for six hours and did not know what’s going on the whole time).
Comment by Joe — August 27, 2009 @ 4:22 pm
@ Dennis that is just a normal accurance the way they treat people! I just hope that when those immigration & custom officers go on vaction that they get treated the same way they treat people when visitubf other countries.
Comment by kev uk — August 27, 2009 @ 5:00 pm
simply outrageous…
Comment by bkbzipper — August 27, 2009 @ 5:59 pm
[...] Travelers: The Immigration Equality blog has this excellent post about international travel for GLBT people, including information on HIV positive [...]
Pingback by Travel Concerns for Transsexual and Transgender People | Calpernia Addams Diary — August 27, 2009 @ 6:37 pm
DHS has issued new “guidelines” for searching electronic devices. Damn IE works fast. LOL.
http://www.reuters.com/article/domesticNews/idUSTRE57Q5RX20090827
Comment by nola — August 27, 2009 @ 8:48 pm
We have to be careful when we enter US, avoid bring laptop or the smartphone with you.
Comment by Dennis — August 28, 2009 @ 12:15 am
So next time i visit my partner in NY i’ll leave the laptop and cell phone at home! Unacceptable but the better thing to do till something changes!
Comment by F3lixP — August 28, 2009 @ 7:56 am
The US isn’t the only place that does this. The UK and Canada are 2 that immediately jump to mind. I think its a bit overboard, as some basically carry their lives in their laptops. Customs should have a lower standard of suspicion to search laptops and such, but should have a limited scope (i.e. not emails) They consider it the same as bringing a briefcase through customs, but its much more than what you could fit in a standard briefcase.
Comment by mark — August 28, 2009 @ 3:15 pm
Thank you IE for posting this.
I travel with my pillow and one time they almost wanted to cut open it. It was a domestic flight.
Comment by UK — August 28, 2009 @ 3:35 pm
@ kev uk “that is just a normal accurance the way they treat people! I just hope that when those immigration & custom officers go on vaction that they get treated the same way they treat people when visitubf other countries.”
Comment by kev uk — August 27, 2009 @ 5:00 pm
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They will never be treated like that because most of them are ignorant and racist red necks that will vacation in good OL TEXAS.
-Ariel
Comment by Ariel — August 31, 2009 @ 12:41 am
Just a note to share our experience with Immigration and Border Patrol. My partner was detained Stateside on passing through immigration. She is a UK citizen. I’m a US citizen. I passed through but she didn’t show up at baggage claim (we had to go through separate points because we were of mixed citizenship. When I went back to see what happened I was met by an immigration officer. The Officer told me that my partner was being questioned because they suspected that she was trying to enter the US illegally. We live in the UK and were visiting my family and friends, as we had done a few times before. I was cautioned and asked to turn over all my personal belongings, which they searched. This included my journal. My partner, who I was not allowed to see, had her stuff searched and was told to give them all her passwords for email accounts that she had. I have to state at this point that we did NOT have laptops or internet enabled phones. They don’t need laptops, phones etc. to do these kind of searches. They will use their own computers. We were made to feel afraid that if we didn’t comply, we would be arrested. Immigration and Border Patrol couldn’t find anything to charge us with. In other words nothing that they found amongst out belongings incriminated us. However, my partner was still refused entry and sent home on the next flight back to the UK. Her passport was taken off her and she was marched onto the plane like a common criminal, even though she had not broken any laws. I was given the option of going back with her if I wanted or staying (very gracious of them to give me a choice!!!). Of course I went back with her. Meanwhile my family was waiting in arrivals to collect us. We never saw them. It was heartbreaking. It took us ages to get over the experience and since that time my partner has not wanted to risk travelling back to the US. All vacations to the US are now taken by me alone. It’s very sad. Anyway, I just wanted to say that they don’t need a laptop or phone– a password is enough and they make it very apparent that it is within your best interests to comply and give them what they want. We cooperated because we were innocent and felt like truth and honesty would prevail but it didn’t. We were still made to feel like criminals.
Comment by Andrea Carbon — January 25, 2010 @ 3:52 pm