Florida lawyer Jalal Shehadeh is convinced that the warrantless seizure of his cell phone by federal agents at the Newark International Airport after he returned from Palestine this September was not random.
Shehadeh, a Miami-based attorney and Palestinian rights advocate, was held for several hours for a secondary inspection and had his phone seized by U.S. Customs and Border Protection (CBP) after he refused to allow federal agents to search it.
“It’s just a wildly invasive thing to do to somebody with no individualized justifiable basis to do it,” Shehadeh told Truthout.
He suspects federal authorities targeted him for his activism. The lawyer is involved in a legal complaint against a federal judge in Florida over the judge’s anti-Palestinian statements.
Shehadeh is one of several Palestinian rights advocates who have been detained and had their personal devices searched by CBP while returning to the U.S. from international travel since the start of Israel’s war on Gaza in October 2023.
Other similar cases include Amir Makled, a lawyer from the Detroit area who was representing University of Michigan students involved in pro-Palestine activism, journalist Max Blumenthal, and Osama Abu Irshaid, the executive director of American Muslims for Palestine (AMP).
Jenin Younes, president of the American-Arab Anti-Discrimination Committee (ADC), which filed a legal motion earlier this week demanding the return of Shehadeh’s phone, said CBP appears to be escalating phone searches against opponents of President Donald Trump’s agenda.
“Common sense tells us that they are targeting people who have pro-Palestine views,” Younes told Truthout.
She stressed that the searches are illegal. The Fourth Amendment of the U.S. Constitution protects “persons, houses, papers, and effects, against unreasonable searches and seizures.”
Younes said the “border exception” that allows searches to ensure that no illegal items are brought into the country should not apply to phones.
Younes, a civil liberties attorney, said the authors of the Constitution would have certainly opposed giving the government blanket authority to search people’s phones without cause.
“Law enforcement can search shipping vessels coming into the Boston harbor to make sure that they don’t have contraband. That’s a totally different thing from searching the contents of people’s smartphones,” she said. “I don’t think the framers would have thought that you could read the papers of somebody coming into the country in their suitcase, and likewise, a smartphone, which has so much more personal information.”
The case of Shehadeh and other Palestinian rights supporters targeted for searches at the border has reignited the debate over the application of constitutional protections at ports of entry.
