Active Border & Device Searches, Free Speech & Retaliation

Anibowei v. Blanche (Amicus Brief)

COURT
Supreme Court of the United States

FILED
September 15, 2026

STATUS
Active

ROLE
Amicus

Summary

What this Case is About

Federal appeals courts disagree sharply on when border agents may search travelers’ phones. The Fourth and Ninth Circuits require reasonable suspicion for forensic searches, while the Fifth Circuit, which decided Anibowei’s case, allows searches with no individualized suspicion at all. The rules a traveler faces depend on where they land.

On behalf of journalist Max Blumenthal, whose phones CBP seized at Dulles, ADC filed an amicus brief urging the Supreme Court to take up Anibowei v. Blanche and set one national standard for searches of travelers’ electronic devices. The brief explains that the patchwork of rulings, together with CBP’s own expansive directive, leaves travelers facing a chaotic and unpredictable situation at the border.

Case Files

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Court documents

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Press Releases

ADC statements on the case, most recent first.

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