New DHS Directive Accomplishes Goals of Rep. Engel’s Securing our Borders and our Data Act of 2009

Washington, D.C.--Congressman Eliot Engel (D-NY) commended the U.S. Department of Homeland Security (DHS) for its directive today regarding a new direction being taken in the searches of electronic equipment belonging to U.S. citizens traveling abroad.

“I have maintained that while we are securing our country from terrorists, we can and must ensure our Fourth Amendment rights of protection against unreasonable searches and seizures. It was completely unacceptable that a border agent could seize a traveler’s sensitive, personal data without cause. It appears DHS agrees with me, and is now requiring probable cause before seizure. I will continue to push for a formal rulemaking process and the passage of legislation into law,” said Rep. Engel.

The 11-term Congressman added, “I applaud the directive handed down by Secretary Janet Napolitano, and consider this a great victory for ensuring national security, and protecting the privacy rights of all Americans.”

Last summer, following a Washington Post report of international travelers being subjected to random searches at customs stations, Rep. Engel condemned the policy of border patrol agents confiscating and conducting unreasonable searches of laptops and introduced legislation to curb the practice – the Securing our Borders and our Data Act (H.R. 239).

The new DHS directive accomplishes many of the goals set forth in H.R. 239. It allows border search agents the ability to appropriately search, review, retain and share information on an individual’s electronic device as it is necessary for security purposes, but at the same time provides strong protections for U.S. citizens traveling abroad. It also provides individuals whose devices were seized with an appropriate redress process.

Rep. Engel said, “Previously, a border agent could seize without cause a doctor’s laptop with patients’ medical histories, or the Blackberry of a lawyer with confidential information about clients. Laptops are packed with our personal and confidential information. Some have decades of pictures and family memories stored on it. Our privacy rights must be protected and now, they will be protected.”

A probable cause standard for seizing laptops and other electronic devices will protect travelers without hampering the ability of law enforcement to protect our nation.