The Council on American-Islamic Relations (CAIR), the nation’s largest Muslim civil rights and advocacy organization, today welcomed a federal court ruling that the Department of Homeland Security (DHS) violated the Fourth Amendment rights of CAIR Legal Defense Fund client Dr. Osama Abu Irshaid, a prominent Palestinian-American human rights activist, when customs agents seized and searched his cell phone on two occasions at U.S. international airports.
On Wednesday, the U.S. District Court for the Eastern District of Virginia ruled in Dr. Abu Irshaid’s favor, holding that the government lacked the necessary suspicion to justify the searches. The court rejected the government’s argument that defamatory statements against American Muslims for Palestine, made by the House Committee on Oversight and Accountability, provided agents with reason for the search.
The court also rejected an argument that Dr. Abu Irshaid acted “evasive,” finding instead that his efforts to protect private data—including family photographs—were entirely reasonable given the invasive search and his history of harassment.
The court’s ruling establishes, among other things, that neither unfounded accusations nor a person’s reasonable efforts to protect private data can supply the suspicion necessary to justify the extraordinarily invasive phone searches used by the Department of Homeland Security. To the extent the government relies on these thin excuses for its invasions of the privacy of American citizens, it must change course.
“We are thrilled for Dr. Abu Irshaid and expect the searches of his phone to end following this decision,” said Ahmad Kaki, staff attorney at CAIR Legal Defense Fund. “This is an important step toward vindicating his constitutional rights, and we hope it paves the way for ending the government’s practice of targeting Palestinian activists and Muslims for these phone searches.”
“This decision serves as an important reminder to the government that it does not have unlimited power, even at the border,” said Catherine Keck, staff attorney at CAIR Legal Defense Fund. “Dr. Abu Irshaid has waited years for this vindication, and his success will undoubtedly help protect future travelers at U.S. ports of entry.”
“The Department of Homeland Security must now acknowledge that its policies are out of step with the law. It cannot continue pretending that these searches are constitutional simply by waving at vague ‘national security’ concerns.” said Gadeir Abbas, Deputy Litigation Director at CAIR Legal Defense Fund.
BACKGROUNDER:
For years, the federal government has harassed Dr. Abu Irshaid, the executive director of American Muslims for Palestine, particularly when returning to U.S. airports from trips abroad. Twice in 2024, Customs and Border Protection agents seized and conducted “advanced” searches of Dr. Abu Irshaid’s cell phone. These searches were illegal, because customs agents had no reason to believe Dr. Abu Irshaid was engaged in any criminal activity necessary to justify the search. CAIR sued on his behalf.
SEE: CAIR Takes Government to Court Over Border Cell Phone Search
READ: Understanding and Protecting Your Travel & Free Speech Rights, March 2025
CAIR’s mission is to protect civil rights, enhance understanding of Islam, promote justice, and empower American Muslims.
La misión de CAIR es proteger las libertades civiles, mejorar la comprensión del Islam, promover la justicia, y empoderar a los musulmanes en los Estados Unidos.
END
CONTACT: Ahmad Kaki, Staff Attorney CAIR LDF, [email protected], 202-640-4935; Gadeir Abbas, Senior Litigation Attorney, CAIR LDF, [email protected], 720-251-0425; Catherine Keck, Staff Attorney, CAIR LDF, [email protected], 202-539-8279; Edward Ahmed Mitchell, CAIR National Deputy Director, [email protected], 404-285-9530; Ibrahim Hooper, CAIR National Communications Director, 202-744-7726, [email protected]; Ismail Allison, CAIR National Communications Manager, 202-770-6280, [email protected]