“It is very difficult to win a case challenging searches at the border. Border Patrol officials have broad authority at ports of entry,” I said in a recent article on time.com. “Courts have often ruled against citizens alleging that their constitutional rights have been violated at the border. Only the most egregious cases are likely to win.”
An upcoming class action litigation case, brought by the ACLU, challenges how long someone can be detained while in deportation proceedings. If the ACLU wins, the Trump Administration will have to rethink its deportation strategy.