Border Agents Seized a Journalist's Phones. A Judge Wants Answers.

On July 10, 2026, border patrol agents at Virginia's Dulles airport stopped Max Blumenthal, founder of the independent news outlet The Grayzone, for a "secondary inspection" after he returned from covering the funeral of Iran's supreme leader Ali Khamenei. Agents asked how he paid for the trip, who hosted him, and whether he planned to return. They demanded the passwords to his two phones. He refused. They seized the phones — but left his laptop and digital cameras untouched.

The government returned the phones about a week later, less than 24 hours after the American-Arab Anti-Discrimination Committee filed an emergency motion in federal district court seeking their return. The government said it could not access the phones and called the case moot. Blumenthal went back to court and won a key ruling: federal judge Leonie M. Brinkema ordered the government to supply evidence of who had the phones, when, and what was done with them. The government has 14 days to respond. Judge Brinkema also cited a recent Fourth Circuit ruling that distinguishes a basic phone check from an "advanced" search — one that uses equipment to copy or analyze a device's contents. She said that kind of search likely requires a warrant, and no warrant was produced for Blumenthal.

Jenin Younes, president of the American-Arab Anti-Discrimination Committee, pointed out that agents took only the phones — not the laptop or cameras. "That suggests they're interested in contacts, sources, personal communications — maybe even tracking data," she said. Seth Stern, chief of advocacy at the Freedom of the Press Foundation, called Blumenthal's treatment a sign that "the Trump administration is finding any excuse it can to target journalists it dislikes, and border searches are one more play in the playbook." Younes also noted that other US journalists covered the same funeral — from CNN and The New York Times — but none have publicly reported being stopped at the border on their return.

This is the second recent federal court case involving phone seizures at US airports. It follows the government's failed attempt to subpoena New York Times reporters. Judge Brinkema referenced that case directly at the hearing, saying the court has "particular concern" because of recent government attempts to intrude on reporters' rights. The government's attorney warned that some details of what was done with the phones may be protected as "law enforcement privileged information," signaling this could become a long legal fight.

What This Means for You at the Border

You do not have to be a journalist to face a phone seizure at a US port of entry. Border agents have broad authority to search travelers — including US citizens and green card holders. But recent court rulings are beginning to limit how far that authority extends into the contents of your devices. Knowing your rights before you travel can make a real difference.

What to do

• Before traveling internationally, back up your phone and consider traveling with a clean device that holds only what you need for the trip.
• If an agent asks for your phone password at the border, you have the right to decline — but be aware agents may seize the device. Ask calmly whether you are required by law to provide it and whether a warrant has been issued.
• If your phone is seized, write down everything immediately: the agent's name or badge number, the time, what was said, and what devices were taken. This record matters in court.
• Contact an immigration lawyer or a civil liberties organization such as the ACLU or the Freedom of the Press Foundation as soon as possible if your device is seized — especially if you are a journalist, activist, or have sensitive contacts on your phone.

What to do, step by step — see our guide “Appealing to the BIA”.