Disclosed Customs policy says you can be searched for no reason

When crossing the border into the United States, things such as your laptop computer, cell phone or iPod can be temporarily impounded and examined by any federal agent seeking information about drug smuggling, terrorism or national security matters.

The policies have actually been in effect for a number of years but were disclosed by the Deparment of Homeland Security on July 16. It could potentially affect anyone who owns a cell phone, students who bring laptops across the border to classes, business people who constantly travel across the border or if you simply own a pager, iPod or CDs.

Customs and Border Protection officers may examine documents, books, pamphlets and other printed material, as well as computers, disks, hard drives and other electronic or digital storage devices which are a crucial tool for detecting information concerning terrorism, narcotics smuggling and other national security matters, according to the policies.

Also, federal agents will look for information concerning alien admissibility, contraband including child pornography, monetary instruments and information in violation of copyright or trademark laws, the policies state.

Officials said such procedures have long been in place but were disclosed last month because of public interest in the matter, according to a news article published in the Washington Post.

The policies are an invasion of people's privacy, said Everardo Martinez-Insunza, representative from the Community Leadership Alliance of Yuma County, which holds civil liberties awareness workshops for the public.

"If you are a U.S. citizen, I believe that it is a violation of your civil liberties ... I believe that these laws that infringe upon civil liberties have gone too far and the surge for protection and national security have gone too far," said Martinez-Insunza.

Martinez-Insunza, member of CLA, said he hasn't heard if any students who own laptops that cross the border daily have been searched.

"Yes, there have been more critical border inspections because of drug smuggling issues and in that case I'm 100 percent supportive of it, but I just don't see how civilians' computers, electronic devices or communication devices could be a threat," he said. "Once the rule is applied in a way that it affects our civil liberties, then that's just wrong."

Brian Levin, a CBP spokesman in Tucson, declined to comment on the policies, saying all media calls were being redirected to the Department of Homeland Security.

The Department of Homeland Security did not return calls to The Sun on Monday and Tuesday.

Officials at San Luis CBP agency did not immediately return a phone call seeking comment.

The policies state that officers may take detain documents and electronic devices, or copies thereof, for a reasonable period of time to perform a border search on-site or at an off-site location.

The policies state that if officers encounter information in documents or electronic devices that it is in a foreign language and/or encrypted, they may have assistance from other federal agencies or entities.

If after reviewing the information there is no probable cause to seize it, any copies of the information must be destroyed, the policies state.

However, the policies state that officers encountering business, commercial or attorney-client privileged material shall treat the information as confidential and take all reasonable measures to protect that information from unauthorized disclosure.

But there is no specific policy mentioning the handling or medical and financial records.

"What will end up happening, it will allow federal officials to target specific segments of the population by ethnicity or national origin ... and allow profiling," Martinez-Insunza said.

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Stephanie Sanchez can be reached at ssanchez@yumasun.com or 539-6847.