Constitutional Legislation
Immigration lawyer who criticized ICE on-line and on TV wins TRO after his cellphone is seized at airport
October 6, 2025, 12:58 pm CDT
Andrew Lattarulo, a Massachusetts immigration lawyer, with Division of Homeland Safety brokers on the Boston Logan Worldwide Airport. In a federal lawsuit, he alleges the brokers seized his work cellphone with out consent or a warrant. (Picture from Lattarulo’s Oct. 2 lawsuit)
An immigration legal professional whose cellphone was seized at Boston Logan Worldwide Airport has gained a short lived restraining order barring the federal authorities from looking the cellphone and analyzing any information already collected.
U.S. District Choose Allison D. Burroughs of the District of Massachusetts dominated for lawyer Andrew Lattarulo of the Georges Cote regulation agency on Friday, Law360 reviews. MassLive.com and Boston.com have protection of the lawsuit he filed on Oct. 2 and the seizure of the cellphone on Sept. 28.
The iPhone 15 Professional Max, seized on Lattarulo’s return from Aruba, contained delicate and confidential consumer data, in addition to privileged data between himself and different attorneys, the lawsuit says. Nobody else on Lattarulo’s flight was approached by the brokers from the U.S. Division of Homeland Safety and U.S. Customs and Border Safety, in keeping with the lawsuit.
In an emergency movement filed on Oct. 3, Lattarulo sought the return of the enterprise cellphone, an order blocking its search and an order requiring the destruction of any data already collected.
In line with the movement, the seizure of his cellphone was made with out Lattarulo’s consent, a warrant or an inexpensive suspicion of his involvement in legal exercise.
“The seizure was made eight hours after plaintiff had been inspected by United States Customs and Border Safety at a border crossing. Plaintiff’s cellphone was unlawfully seized and most certainly searched in violation of plaintiff’s First and Fourth Amendments, and the constitutional rights of his purchasers,” the movement states.
Lattarulo stated within the lawsuit that his Instagram account with know-your-rights data is standard with the immigrant group within the Boston space. One publish with recommendation on dealing with interactions with brokers from U.S Immigration and Customs Enforcement had about 388,000 views. He was additionally featured in a tv report by which he alleged ICE brokers are arresting folks in a approach that places folks in danger.
Most of the movies he posts “name out what Lattarulo describes as unlawful practices utilized by federal brokers,” the swimsuit says. “Lattarulo’s public statements are additionally essential of President Donald Trump’s immigration coverage.”
Lattarulo’s brother recorded a lot of the cellphone seizure regardless of a warning that wasn’t allowed. Lattarulo informed the federal brokers he was an legal professional and the cellphone contained privileged materials, however he was informed his cellphone can be taken with or with out his cooperation, the swimsuit says. He was not requested for his cellphone passcode and didn’t present it.
The Oct. 3 order might be seen right here. A standing convention is scheduled for Oct. 7.
Lattarulo’s legal professionals from Butters Brazilian gave a press release to Law360. “We consider legal professional Lattarulo was focused as a result of he represents purchasers in immigration-related proceedings, and he has amplified the federal government’s personal enforcement priorities through social media to immigrant communities and anybody else who may be ,” the assertion stated.
“Public criticism of our authorities is protected speech beneath the First Modification. We initiated this swimsuit to guard not solely legal professional Lattarulo’s constitutional rights, but additionally these of his purchasers.”
Lattarulo didn’t instantly reply to the ABA Journal’s voicemail left along with his regulation agency.
One other immigration lawyer who sued in January 2021 over the seizure of his cellphone on the Dallas-Fort Price Worldwide Airport misplaced his case on attraction.
The New Orleans-based fifth U.S. Circuit Courtroom of Appeals dominated lawyer Adam A. Malik’s constitutional rights weren’t violated when the U.S. Division of Homeland Safety used a “filter staff” to guard privileged materials discovered on his cellphone. The federal government was in a position to bypass Malik’s passcode after sending the cellphone to a forensics lab.
The appeals courtroom stated the federal government had cheap suspicion to grab Malik’s cellphone due to his obvious connection to an arms supplier, even when Malik was right that the connection “seems doubtful in hindsight.”
See additionally:
Lawyer’s quest for warrant requirement for border cellphone searches rebuffed by fifth Circuit
Immigration lawyer sues over seizure of his cellphone at airport
Lawyer who challenged border cellphone searches isn’t entitled to injunction, fifth Circuit says
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