No Suspicion Required: Second Circuit Permits Warrantless Manual Cellphone Searches at the Border

On September 17, 2026, the U.S. Court of Appeals for the Second Circuit held that the government may manually search a traveler’s cellphone at the border without a warrant or any individualized suspicion. In United States v. Alisigwe, the court concluded that manual cellphone searches qualify as routine border searches, resolving a split among district courts within the Second Circuit.

The decision could have significant implications beyond traditional customs and immigration enforcement. Cellphones can contain communications, financial records, and other evidence relevant to government investigations, and the court reaffirmed that border searches may be conducted for investigative purposes unrelated to border enforcement. Individuals involved in government investigations—and companies whose employees travel internationally—should consider what privileged or sensitive information is accessible on devices carried across the border.

Important questions remain. Alisigwe addressed only a manual search and did not decide whether suspicion is required for more intrusive forensic searches or whether the government may compel a traveler to provide a passcode or biometric authentication. Those issues remain unsettled and are likely to be the subject of further litigation. Click here to read the full blog post.

President Trump Issues Executive Order to Enhance Customs Enforcement

President Trump’s June 3, 2026 Executive Order on customs enforcement signals a significant expansion of the Administration’s America First Trade Policy beyond tariffs and trade remedies. The order directs the Department of Homeland Security and U.S. Customs and Border Protection (CBP) to undertake a broad range of reforms aimed at strengthening customs enforcement, including heightened importer vetting, increased bond requirements, expanded supply-chain disclosure obligations, and stricter penalties for noncompliance. The order also focuses on nonresident importers of record, imposing new restrictions that could affect foreign companies that have long relied on established import structures and procedures to access the U.S. market. Because many of the contemplated changes can be implemented through CBP rulemaking and guidance rather than legislation, importers should expect significant regulatory developments over the coming months. Companies that import goods into the United States should begin assessing the potential impact on their customs compliance programs, supply chains, and import operations.

Call of Duties: New U.S. Trade Fraud Task Force Signals Increased Tariff Enforcement is Coming

On August 29, 2025, the U.S. Department of Justice (DOJ) and Department of Homeland Security (DHS) announced their partnership on the cross-agency Trade Fraud Task Force. Per DOJ’s press release, the Task Force will bring robust enforcement against importers and other parties that seek to defraud the United States.

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