Some U.S. citizens returning from foreign travel may be required to allow Department of Homeland Security officers to review the contents of their cell phones, a member of the Trump administration told Congress.
“We don’t do it routinely unless there is a reason why, so that’s a change [from prior testimony],” DHS Secretary John Kelly told a Senate panel Tuesday morning. “We do it whether they are citizens or non-citizens coming in.”
That set off a testy exchange with Sen. Rand Paul, a libertarian-leaning Republican from Kentucky, who accused officials of violating American due process rights. Kelly maintained that the practice is rarely used and only with good reason, but Paul countered that DHS has arrogated to itself the right to invade privacy for arbitrary reasons.
“Of the million or so people that come into the country, half of one percent is checked, and always according to the law,” Kelly said, noting that they catch “a fair number” of sex tourists and other criminals through looking at the phones. “Now, typically, the officers who are engaged in the frontline defense at the ports of entry, in their questioning of individuals for whatever has tipped them off will cause them to have certain conversations… but again senator, very seldom done and always for a reason and always within the law.”
Paul was not impressed. “You’re just fine with the policy that arbitrarily takes someone’s phone and says you can’t come back into the country?” he asked.
“Not arbitrarily; there’s a reason why they do it, senator,” replied Kelly, a former Marine Corps general.
“Well, no, the thing is, it is arbitrary, unless there are rules as to how you do it,” Paul countered. “What are the rules? In our country, if you want to look at my phone, you call a judge — in my country. You know, so, this wouldn’t necessarily be American jurisprudence if you’re just saying we might have some internal rules. Have you published what your rules are?”
Kelly said that the practice is governed by internal procedures. “Whether they’re published or not, or specific enough to publish, I don’t know but I can certainly get back to you,” he said.
Paul signaled that the forthcoming documents won’t change his mind about the wisdom of the tactic, as he called for Congress to pass legislation requiring DHS to get a warrant in order to search someone’s phone.
“It sort of horrifies us to think that you couldn’t come back in your country,” he said. “There are people now giving advice to not take your phone abroad because when you come back home your country won’t let you come home unless you let them look at your entire life. That doesn’t seem like a fair tradeoff to be able to travel or for safety. And I think there is a point at which we give up so much of our liberty to travel that, you know, has it been worth it…?”
