Federal Judge Rules Border Search of Lawyer’s Phone Likely Retaliation
A judge ruled the border search of immigration lawyer Lattarulo’s phone likely violated the First Amendment.
Why it matters: This ruling highlights constitutional risks for lawyers working with immigration clients and limits government overreach at borders. It sets precedent on protecting attorney speech from retaliatory government actions.
- On Sept. 28, 2025, federal agents seized Andrew Lattarulo’s phone at Logan Airport without a warrant and copied its contents.
- Lattarulo’s Instagram, offering immigration ‘know-your-rights’ videos, regularly draws hundreds of thousands of views.
- On Nov. 13, 2026, Judge Allison D. Burroughs granted a preliminary injunction blocking authorities from accessing the copied phone data.
- Judge Burroughs found Lattarulo likely to succeed on his claim that the seizure was retaliation for his protected speech under the First Amendment.
Immigration attorney Andrew Lattarulo was returning from Aruba on September 28, 2025, when federal agents at Logan Airport seized his phone without a warrant and copied its contents. Lattarulo runs a popular Instagram account that shares 'know-your-rights' information on U.S. immigration law, with his videos regularly attracting hundreds of thousands of views.
The government’s actions came amidst an investigation by Homeland Security Investigations into Lattarulo’s law firm, Georges Cote LLP, over alleged employment of individuals without legal work authorization. After the phone seizure, Lattarulo challenged the government's search as retaliation for his constitutionally protected speech.
On November 13, 2026, U.S. District Judge Allison D. Burroughs granted a preliminary injunction that prevents federal authorities from accessing the copied data from Lattarulo’s phone. Judge Burroughs stated, "Lattarulo is likely to succeed on his claim that the phone seizure was in retaliation for his protected speech under the First Amendment." This decision underscores growing judicial scrutiny of border searches when used as tools against protected speech.
The case highlights tensions between national security measures at the border and constitutional protections, especially for attorneys representing vulnerable populations. It also raises privacy concerns for legal professionals who use social media platforms to educate and inform the public about legal rights.
By the numbers:
- September 28, 2025 — Date federal agents seized Lattarulo's phone at Logan Airport
- November 13, 2026 — Date judge granted preliminary injunction blocking data access
- Hundreds of thousands — Average views on Lattarulo’s immigration rights videos