ADC sues DHS over CBP's illegal seizure of journalist Max Blumenthal's devices

The American-Arab Anti-Discrimination Committee (ADC) has filed a time-sensitive motion in federal court, seeking the immediate return of two smartphones seized by U.S. Customs and Border Protection (CBP) from journalist Max Blumenthal upon his re-entry into the United States on July 10. The motion, filed in the Eastern District of Virginia, argues that the warrantless seizure and retention of Blumenthal’s devices violate his First and Fourth Amendment rights, as well as the Privacy Protection Act. The ADC is requesting an expedited hearing, citing interference with Blumenthal’s work and threats to the confidentiality of his sources.

According to the motion, CBP detained Blumenthal for approximately two and a half hours after his return from a reporting trip to Iran for the funeral of Ayatollah Ali Khamenei. During the detention, CBP officers questioned him extensively about his journalism, travel funding, and whether he had been paid for interviews. When Blumenthal declined to provide the passcodes to his phones, citing constitutional concerns, an officer reportedly warned that the devices would be connected to machines to extract their data. Despite claiming to be searching for evidence of criminal activity or child sexual material, CBP seized only the phones, leaving his laptop and camera untouched.

The motion highlights the inconsistency in CBP’s treatment of Blumenthal compared to other American journalists on the same trip, raising concerns about potential viewpoint discrimination. Days before Blumenthal’s return, conservative activist Laura Loomer posted on X, questioning who funded his trip and urging the administration to arrest him. During his detention, CBP officers asked questions that closely mirrored Loomer’s post. Loomer later celebrated the seizure of Blumenthal’s phones, describing him as a national security threat.

ADC President and Legal Director Jenin Younes emphasized that constitutional rights do not evaporate at border crossings. “While Fourth Amendment protections are diminished at border crossings, searches must be based on some interest in identifying criminal activity or national security threat,” Younes stated. “The constitutional concerns become more severe when it appears a journalist was subjected to an unreasonable search because of his viewpoints and journalistic activity.”

Blumenthal, an award-winning journalist with a 25-year career, has never been convicted of a crime or credibly accused of posing a national security threat. In his declaration, he expressed concern that the seizure of his phones could endanger his sources, compromise ongoing investigations, and impair his ability to assure confidentiality to current and prospective sources. CBP describes electronic device searches as “rare,” reserved for combating serious crimes and national security threats.

The ADC is urging the court to act immediately, arguing that border-search authority cannot be used to punish disfavored journalism or expose confidential sources. The organization is seeking the return of Blumenthal’s phones and any information obtained from them.

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