Court asked to decide whether to limit electronics searches

Legal Business

A federal appeals court is being asked to decide whether government agents can search cell phones and laptops at airports without a search warrant.

The American Civil Liberties Union argues that warrantless searches of personal information on electronic devices are unconstitutional, and that significant privacy interests are at stake.

The 4th U.S. Circuit Court of Appeals in Richmond hears arguments Thursday in the case of a Turkish national convicted of trying to illegally smuggle weapons parts to Turkey.

Hamza Kolsuz was arrested at Washington Dulles International Airport in Virginia after agents found weapons parts in his luggage, and a judge denied his motion to suppress evidence found during a forensic search of his phone.

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USCIS to Begin Accepting Applications under the International Entrepreneur Rule

U.S. Citizenship and Immigration Services (USCIS) announced today it is taking steps to implement the International Entrepreneur Rule (IER), in accordance with a recent court decision. Although the IER was published during the previous administration with an effective date of July 17, 2017, it did not take effect because the Department of Homeland Security (DHS) issued a final rule on July 11, 2017, delaying the IER’s effective date until March 14, 2018. This delay rule was meant to give USCIS time to review the IER and, if necessary, to issue a rule proposing to remove the IER program regulations.

However, a Dec. 1, 2017, ruling from the U.S. District Court for the District of Columbia in National Venture Capital Association v. Duke vacated USCIS’ final rule to delay the effective date. The Dec. 1, 2017, court decision is a result of litigation filed in district court on Sept. 19, 2017, which challenged the delay rule.

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