Immigration lawyer who criticized ICE online and on TV wins TRO after his phone is seized at airport
An immigration attorney whose phone was seized at Boston Logan International Airport has won a temporary restraining order barring the federal government from searching the phone and analyzing any data already collected.
U.S. District Judge Allison D. Burroughs of the District of Massachusetts ruled for lawyer Andrew Lattarulo of the Georges Cote law firm on Friday, Law360 reports. MassLive.com and Boston.com have coverage of the lawsuit he filed on Oct. 2 and the seizure of the phone on Sept. 28.
The iPhone 15 Pro Max, seized on Lattarulo’s return from Aruba, contained sensitive and confidential client information, as well as privileged information between himself and other attorneys, the lawsuit says. No one else on Lattarulo’s flight was approached by the agents from the U.S. Department of Homeland Security and U.S. Customs and Border Protection, according to the lawsuit.
In an emergency motion filed on Oct. 3, Lattarulo sought the return of the business cellphone, an order blocking its search and an order requiring the destruction of any information already collected.
According to the motion, the seizure of his cellphone was made without Lattarulo’s consent, a warrant or a reasonable suspicion of his involvement in criminal activity.
“The seizure was made eight hours after plaintiff had been inspected by United States Customs and Border Protection at a border crossing. Plaintiff’s phone was unlawfully seized and most likely searched in violation of plaintiff’s First and Fourth Amendments, and the constitutional rights of his clients,” the motion states.
Lattarulo said in the lawsuit that his Instagram account with know-your-rights information is popular with the immigrant community in the Boston area. One post with advice on handling interactions with agents from U.S Immigration and Customs Enforcement had about 388,000 views. He was also featured in a television report in which he alleged ICE agents are arresting people in a way that puts people at risk.
Many of the videos he posts “call out what Lattarulo describes as illegal practices utilized by federal agents,” the suit says. “Lattarulo’s public statements are also critical of President Donald Trump’s immigration policy.”
Lattarulo’s brother recorded much of the cellphone seizure despite a warning that wasn’t allowed. Lattarulo told the federal agents he was an attorney and the phone contained privileged material, but he was told his phone would be taken with or without his cooperation, the suit says. He was not asked for his phone passcode and did not provide it.
The Oct. 3 order can be viewed here. A status conference is scheduled for Oct. 7.
Lattarulo’s lawyers from Butters Brazilian gave a statement to Law360. “We believe attorney Lattarulo was targeted because he represents clients in immigration-related proceedings, and he has amplified the government’s own enforcement priorities via social media to immigrant communities and anyone else who might be interested,” the statement said.
“Public criticism of our government is protected speech under the First Amendment. We initiated this suit to protect not only attorney Lattarulo’s constitutional rights, but also those of his clients.”
Lattarulo did not immediately respond to the ABA Journal’s voicemail left with his law firm.
Another immigration lawyer who sued in January 2021 over the seizure of his cellphone at the Dallas-Fort Worth International Airport lost his case on appeal.
The New Orleans-based 5th U.S. Circuit Court of Appeals ruled lawyer Adam A. Malik’s constitutional rights were not violated when the U.S. Department of Homeland Security used a “filter team” to protect privileged material found on his phone. The government was able to bypass Malik’s passcode after sending the phone to a forensics lab.
The appeals court said the government had reasonable suspicion to seize Malik’s phone because of his apparent connection to an arms dealer, even if Malik was correct that the connection “appears dubious in hindsight.”
See also:
Lawyer’s quest for warrant requirement for border cellphone searches rebuffed by 5th Circuit
Immigration lawyer sues over seizure of his cellphone at airport
Lawyer who challenged border cellphone searches isn’t entitled to injunction, 5th Circuit says
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