Massachusetts Lawyer, Wife Allege Unlawful Detainment at Vermont Border, Sparking Legal Challenge
DERBY LINE, Vt. — A Massachusetts attorney and his wife are alleging they were subjected to an unwarranted and frightening detention by U.S. Customs and Border Protection (CBP) agents at the Interstate 89 border crossing in Vermont on April 13. Bachir Atallah, a naturalized U.S. citizen, and his wife, Jessica Fakhry, a green card holder awaiting citizenship, claim they were handcuffed, separated, and interrogated for over five hours upon returning from a weekend trip to montreal.
Atallah, who became an American citizen in October 2012, said he and Fakhry were directed to exit their vehicle by CBP officers. “Atallah gave the officers his keys, not knowing he and his wife were about to be handcuffed, he said.” The couple said they were then led to the CBP station in handcuffs and were unsure how long they’d be in custody. “Officers answered their questions with vague statements about how ‘the government’ needed to search them, Atallah said.”
Fakhry’s experience was equally distressing. “When they did that to me, I thought, ‘Oh my god, I can’t believe this is happening,’ she said. ‘It was a shock. I was frustrated, I was shaking.'” She further recounted being placed in a “freezing cold” cell, where “CBP officers had taken her jacket and wouldn’t give it back.” When she requested somthing to keep her warm, an officer gave her “a yellow plastic tablecloth.”
The couple’s ordeal didn’t end with their release.Atallah was subjected to an additional search at Boston’s Logan Airport three days later, before a flight to Lebanon to visit his parents. TSA agents inspected “every credit card and every business card” in his wallet.
The Atallahs’ experience echoes similar complaints against CBP and other federal agencies. Civil liberties watchdogs have long cautioned against potential overreach at border crossings, citing instances where individuals—including U.S. citizens—have faced prolonged questioning, electronic device searches, and other intrusive measures. CBP’s authority to conduct searches without warrants within a “border zone”—generally defined as 100 miles from any U.S. border—has been a frequent point of contention.
Legal Action and Conflicting Accounts
The couple’s experience has prompted strong condemnation from Atallah’s sister, Celine Atallah, an immigration lawyer based in Methuen, Mass., and Salem, N.H. “I believe CBP thinks they are above the law, but they don’t have a blank check at the border,” she said, adding that the family plans to file a lawsuit. “There was no reason for them to treat him that way, have all these officers around him like he’s some sort of criminal,” said Celine. She described CBP’s actions as “harassment.”
Celine Atallah said that while international travelers can be subject to more thorough secondary searches, she maintains that what happened to her brother was not “routine security.”
However, CBP officials offer a starkly different narrative. CBP Assistant Commissioner Hilton Beckham stated that Bachir Atallah’s account is “blatantly false and sensationalized,” adding that “CBP officers acted in accordance with established protocols.” A CBP spokesperson said the couple was detained for less than four hours. Officials did not immediately comment on the couple’s other allegations about their detention.
Evolving Border Security Practices and Concerns
The Atallahs’ experience comes amid increasing scrutiny of border security practices, especially concerning the use of technology to search electronic devices. In 2024, the American Civil liberties union (ACLU) released a report detailing numerous instances of CBP agents searching phones and laptops without reasonable suspicion, often targeting individuals based on their ethnicity or national origin.
“Atallah said he reluctantly signed a form giving officers permission to search his phone and email.” He voiced concern because “details from his legal clients must remain private.” beckham stated that CBP officers “worked to ensure an attorney-client privilege was respected during the electronic media search.”
Did you know that CBP’s policy on electronic device searches permits agents to detain devices for up to five days for further analysis?
The debate over border security also extends to the use of facial recognition technology, automated license plate readers, and other surveillance tools. Proponents say these technologies are essential for preventing terrorism and drug trafficking,while critics warn of their potential for bias,inaccuracy,and chilling effects on free speech and privacy.
Diverging Views on Immigration Enforcement
Atallah voiced support for President Trump’s goals to deport undocumented immigrants with criminal records. “those policies make the US safer, Atallah said. Still, he believes the way he and Fakhry were treated violated their rights.” Atallah said, “You just took my freedom away for five and a half hours,” he said of his experience at the border. “I am a Republican, I believe in family values,” Atallah said. “when it comes to immigration, I think maybe the intent is right, but they’re handling things wholly wrong.”
his stance highlights the complex and frequently enough contradictory attitudes surrounding immigration enforcement in the United States. Even those who support stricter border controls may object to perceived abuses of power by federal agents.
Advocates for stricter enforcement might argue that CBP agents are simply doing their jobs to protect national security and enforce immigration laws. they might point to statistics on drug seizures, apprehensions of undocumented immigrants, and other metrics to justify enhanced border security measures. They might also underscore the importance of respecting the authority of law enforcement officers and avoiding unfounded accusations.
Documented Medical Concerns
Like Schmidt, who was hospitalized for fever and flu after being detained by ICE in March, Atallah began to feel sick while in CBP custody on Sunday. An emergency medical responder came to the CBP station, took Atallah’s blood pressure, and gave him an EKG test, which reported an abnormality, Atallah said.As Atallah’s blood pressure of 153/112 meant he was at risk for a stroke, CBP officers said he could go to a hospital, according to documents — but would be returned to their custody afterward. “I said, ‘No, I’m not going, I don’t want to elongate the process,’” he said. During the five and a half hours Atallah and his wife were in custody, CBP officers did not tell him what they were looking for, even as they searched his phone, he said. “I got the impression that if I don’t give them access to what they wanted to look for, they’d hold me indefinitely,” he said.
What Can Be Done
The Atallah’s plan to file a lawsuit,hoping to ensure what happened on Sunday at the border doesn’t happen again,especially given her brother’s busy travel schedule. Celine said it is indeed normal for CBP officers to conduct secondary, in-depth searches, but she says what happened to her brother and his wife went beyond that.
are you a frequent traveler? Consider enrolling in a Trusted Traveler program, such as global Entry, to expedite your border crossings.
FAQ: Your Rights at the U.S. Border
Can CBP agents search my electronic devices at the border? Yes, CBP has the authority to search electronic devices, such as phones and laptops, without a warrant or probable cause at U.S. borders and ports of entry. However, the extent of those searches and whether attorney-client privilege needs to be considered is a point of consternation.
Do I have to unlock my phone or laptop for CBP agents? While you are not legally required to unlock your device, refusal to do so may result in the device being detained for further inspection.
What should I do if I believe my rights have been violated by CBP? Document the incident, including the names and badge numbers of the officers involved, and contact an attorney or civil rights organization.
What is the “border zone” and what rights does it confer? The “border zone” is generally defined as the area within 100 miles of any U.S. external border, including coastal borders. Within this zone, CBP has expanded authority to conduct searches and seizures, as compared to areas further inland.
* Are there limits under which CBP can search a U.S. citizen vehicle? Yes, there must be reasonable suspicion. CBP cannot strip
Given the allegations, what legal grounds could Bachir Atallah and his wife potentially use to challenge the legality of their detention and search?
Borderline Breach: An Interview with Civil Rights Attorney, Eleanor Vance on CBP’s Expanded Powers
Welcome to Archyde News. Today, we’re delving deep into recent events at the U.S.border, shedding light on the experiences of Massachusetts attorney, Bachir Atallah, and his wife, who allege unlawful detention at the Vermont border. To help us unpack the legal implications and broader anxieties surrounding border security, we’re joined by Eleanor Vance, a seasoned civil rights attorney specializing in immigration and Fourth Amendment rights. Eleanor,thank you for being with us.
Understanding the Atallah Case
Archyde News: The details of the Atallahs’ experience are concerning.Could you provide a legal perspective on what happened? What are the significant issues that might surface in a potential lawsuit?
Eleanor Vance: Certainly. The core issues revolve around the Fourth Amendment, which protects against unreasonable searches and seizures. While CBP has broad authority at the border,this case raises questions about the scope of that authority. Specifically, the couple alleges extended detention, handcuffing, and separation, raising concerns about the reasonableness of these actions. The search of their electronic devices,and the alleged lack of clarity on the reasons for their detention,adds another layer of complexity,especially given attorney-client privilege concerns.
CBP’s Authority and the “Border Zone”
Archyde News: CBP claims they acted in accordance with established protocols. Could you elaborate on CBP’s power within the “border zone” and the legal justifications they often use?
Eleanor Vance: Essentially, CBP’s authority is heightened at the border. The “border zone,” generally extending 100 miles inland, allows for increased scrutiny. CBP can conduct searches without warrants or probable cause, which is a critical difference from the standard rules of law enforcement elsewhere in the country. However, this shouldn’t excuse abuse of power. There must still be a basis for the search, especially the prolonged detention, and the actions must be reasonable with all factors considered to be within the law. The courts would need to look at all the circumstances – the duration, the separation, the treatment of the couple – to determine if the actions crossed the line into unreasonableness.
Electronic Device Searches and Privacy Concerns
Archyde News: The search of Bachir Atallah’s phone is notably significant. Privacy advocates are deeply concerned about searches of electronic devices. Where does this fall within the legal boundaries?
Eleanor Vance: Federal policy allows for the searching of electronic devices, but it is a very gray area. And like it has been raised with the Atallah case, what about attorney client privilege? The question is weather the agents took adequate steps to protect privileged information.The government has not provided a clear picture on how they would deal with sensitive legal data,which creates a chilling effect on legal professionals and their clients. Additionally, the potential for device detention for several days is a major concern. People don’t realize that they shoudl have an offline back up of their significant electronic data.The practice essentially allows agents to access and review vast amounts of personal data. This can have a significant impact on privacy.
The Human Cost and the Future of Border Security
Archyde News: This case highlights the human cost of border security practices. What are your thoughts on how these policies might be viewed in the context of civil rights, and what changes, if any, do you foresee?
Eleanor Vance: I believe what happens is frequently enough a grate exercise of power – and the power dynamics between the agents and the travelers or citizens can be quite unsettling. The issue is that CBP agents often operate in a climate of minimal accountability. I believe there is an urgent need for greater openness and oversight of CBP practices. This could include reforms to prevent overreach, to properly train the agents in ethics, and to create a more effective redressal to any cases in which the civil rights of any U.S. citizens have been violated. Additionally, clear guidelines on electronic device searches, balancing national security with privacy needs, are crucial.
Debate and Discussion
Archyde News: This case brings to light broader complexities. What recommendations would you share for any traveler in this situation?
Eleanor Vance: Document everything meticulously. If it’s safe to do so, take notes on the officers’ names and the specific actions undertaken. Refuse to sign anything without understanding it, and when possible, refuse to unlock your electronic device.Additionally,contact an attorney promptly and alert the local civil rights organizations to act as witnesses and to aid in the immediate collection of vital data.
Archyde News: Thank you for sharing your valuable insights. It is a pleasure to have you in the show, Eleanor.
Eleanor Vance: My pleasure.
Archyde News: We welcome our readers to visit our website’s commenting section to share any thoughts or questions about the Atallah case and its implications. What are your thoughts about balancing border security with the protection of civil rights? Please do comment and engage in the discussion!
