Lawyers from the Council on American Islamic Relations (CAIR), the nation’s largest Muslim civil rights and advocacy organization, took the federal government to trial this week and challenged the government’s searches of Dr. Osama Abu Irshaid’s cell phones at the U.S. border.
CAIR argued that Dr. Abu Irshaid, the executive director of American Muslims for Palestine (AMP), was unlawfully targeted for his advocacy for Palestine. The court will decide whether the government violated his First and Fourth Amendment rights by executing the searches.
“The government targeted Dr. Osama Abu Irshaid because of his advocacy for Palestine, and all but admitted as much in court,” said Ahmad Kaki, Staff Attorney at CAIR Legal Defense Fund. “We hope and expect the court to find in Dr. Abu Irshaid’s favor. We will continue to fight the government’s illegal, invasive harassment of the Muslim community and pro-Palestine advocates across the country.”
BACKGROUNDER:
The federal government has, for years, harassed and searched Dr. Abu Irshaid when he returns from international travel. Twice in 2024, customs agents forced Dr. Abu Irshaid to turn over his cell phone for an “advanced” search. These advanced searches are remarkably invasive. The Government can and likely does download all of a user’s private and sensitive information during these advanced searches. Customs agents at the border must reasonably believe that a person is engaging in ongoing criminal activity to justify such a search. Agents had no legitimate reason to suspect Dr. Abu Irshaid of any crime. CAIR sued on his behalf.
As Dr. Abu Irshaid’s lawsuit progressed, government defendants admitted that they searched Dr. Abu Irshaid because of his leadership of AMP, and because of slanderous statements made against AMP by U.S. Representative James Comer (R-KY-1), in his capacity as a Congressional Committee chairperson. Comer and his Committee have a history of targeting groups that criticize Israel’s genocide in Gaza and that advocate for Palestinians.
SEE: House Oversight Committee continues chilling investigation into student groups and nonprofits
At trial, CAIR argued that the customs agents’ admitted reasons for the invasive searches cannot satisfy the Fourth Amendment and that, instead, the Government unlawfully targeted Dr. Abu Irshaid for his pro-Palestine advocacy. Dr. Abu Irshaid now awaits a decision from the court.
Dr. Abu Irshaid’s experience is part of a disturbing and increasing trend of invasive and harassing searches at the border, targeting Muslim Americans and people advocating for Palestine, among other protected speech. CAIR continues to litigate this unlawful practice in courts around the country.
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: CAIR Government Affairs Director Robert McCaw, 202-742-6448, [email protected]; CAIR Research and Advocacy Director Corey Saylor, 202-384-8857; CAIR National Deputy Director Edward Ahmed Mitchell, 404-285-9530, [email protected]; CAIR National Communications Director Ibrahim Hooper, 202-744-7726, [email protected]; CAIR National Communications Manager Ismail Allison, 202-770-6280, [email protected]