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Comment Re:Wipe your devices BEFORE You travel. (Score 1) 266

a warrant wasn't issued for the data, so the data wasn't legally compelled. Therefore, what he destroyed at best was just requested data, and what he chose to hand over was no requested data.

Border agents don't need a warrant or probable cause to search your phone. If you act in front of them in any way that impedes their attempt to search you, then you're obstructing. Deleting the data in front of them certainly qualifies, IMHO.

The guy should have deleted the data himself, before he even showed up at the border. Then I think he would have been fine.

Comment Re:Slippery Slope (Score 1) 266

Agents can't seize a suitcase that has no illicit substances just because they want. If an agent likes my [Sportsball team jersey of favorite player], they can't just seize it.

Well, they might legally detain your jersey, and seize it after verification, if they suspect it's a counterfeit that violates IP rights. But that would come under "illicit" items.

Comment Re:Slippery Slope (Score 1) 266

And how is it being on the phone different from being sent via the web encrypted?

How is it different? A person is physically transporting it across a border. And at the border, your due process is heavily curtailed. Border agents can search you without a warrant or probable cause.

If you tried to send digital contraband across a border via encrypted communications, that's probably also a crime, but the methods for investigating and prosecuting it are different.

If we want to "protect the border" from ideas, searching phones is not going to do shit.

It's not "ideas" that border agents are trying to protect the country from. It's people who are committing crimes, or who want to commit them. And searching phones is one way border agents catch such people.

Comment Re:Green cards can be revoked with no evidence (Score 1) 266

Different details, but the overall point is that a green card can be revoked instantly, and no evidence is required to do so.

Which I dispute, and was not the point of this thread anyway. That was: what happens at a border crossing?

You cannot have your permanent residency revoked at the border. All that can happen at the border is the border agent can deny you entry.

Only an immigration judge can revoke your permanent residency, and only after a hearing at which you can be represented by counsel. (So, not "instantly.") I'm not sure what schemes the current administration has about new criteria for revoking permanent residency, but I doubt any of them involve "no evidence." They have to be able to convince a judge it needs to be revoked. We have heard about Khali's case from only one side in this discussion.

And another thing: permanent residency status is distinct from the green card that shows you have it. Your green card can expire (after 10 years) but your permanent residency status does not, and will not. You just need to apply for a new card.

Comment Re:Slippery Slope (Score 1) 266

Border agents have been able to conduct searches of persons and their effects entering the country since the first Congress in 1789. The exception to the 4th amendment has been affirmed by many Supreme Courts, dating back to at least the 19th century.

I agree the current branches of government should pay close attention to the US Constitution, but in the case of border searches, the 4th Amendment exception was established long ago, not recently.

Comment Re:Significance (Score 1) 92

You got a whole lot wrong. The JCPOA was signed on July 14, 2015, was adopted on October 18, 2015, was implemented on January 16, 2016, and was scheduled to be in effect until October 18, 2025.

The deal was you can't have nukes until 2030, so play nice. And they kinda did. Knowing they'd get nukes in 2030.

Nope. The deal said, and I quote: Iran reaffirms that under no circumstances will Iran ever seek, develop or acquire any nuclear weapons.

Now, you may be cynical about Iran's commitment to this statement, but the fact is that they were abiding by it. International inspections mandated under the JCPOA confirmed it. Until, of course, Trump tore up the JCPOA on May 8, 2018, and then Iran was free to start enriching higher than 3.67%. Which they did.

As for what was to happen when the deal would have expired on October 18, 2025 ... well geez, you got me. I dunno, maybe ... negotiate a new one? That certainly seems like a better scenario than ending the deal prematurely, thus leading to the current mess we're in.

In any case, Trump saw to it that 10 years of Iran being monitored for compliance with the agreement was cut very short, and consequences followed.

Comment Re: This isn't the EU. He's going to win. (Score 2) 266

I think those may be ways you can lose permanent resident status, but not reasons to be denied entry.

No, they're reasons for denying you entry. Border agents don't have the authority to void your permanent-residency status. Only an immigration judge can do that.

There is a Form I-407 (Record of Abandonment of Lawful Permanent Resident Status) that a border agent may put in front of you. NEVER SIGN IT. Any abandonment of your permanent-resident staus is voluntary. A border agent may not force or induce you to do that, though some might try to trick you into doing so.

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