Mass. immigration lawyer sues DHS, says agents took his phone

Local News

“Public criticism of our government is protected speech under the First Amendment. We initiated this suit to protect not only Attorney Lattarulo’s constitutional rights, but also those of his clients.”

An outspoken Massachusetts immigration attorney who claims he was targeted by federal agents at Logan Airport last week filed a lawsuit in Boston after the agents confiscated his cell phone.

“Public criticism of our government is protected speech under the First Amendment. We initiated this suit to protect not only Attorney Lattarulo’s constitutional rights, but also those of his clients,” Mary Lemay and Patrick Hanley, lawyers for Andrew Lattarulo, said in a statement.

Lattarulo, a U.S. citizen and immigration attorney, was traveling back from Aruba Sept. 28, according to the lawsuit filed in federal court Thursday. Agents did not search him or his bags, but took his business cellphone, which includes confidential attorney-client privileged communications, the lawsuit alleges.

A judge ruled on Friday that the plaintiffs — including Department of Homeland Security Secretary Kristi Noem and U.S. Immigration and Customs Enforcement officials and agents — are enjoined from searching the phone further or using the information they’ve already collected.

Lattarulo’s lawyers said they are “pleased” with the judge’s ruling.

“We believe Attorney Lattarulo was targeted because he represents clients in immigration-related proceedings, and he has amplified the government’s own enforcement priorities via social media to immigrant communities and anyone else who might be interested,” his lawyers said in their statement.

Lawsuit: Lawyer completed pre-clearance, but was detained in domestic terminal

In Aruba, Lattarulo completed a U.S. Customs and Border Protection preclearance program, but when he landed in a Logan domestic terminal, he was cornered by ICE agents, the lawsuit alleges. The agents, who are named as John and Jane Doe defendants in the suit, did not produce a warrant but indicated the phone would be searched, Lattarulo says.

“The Doe Defendants did not approach other passengers from Lattarulo’s flight,” the lawsuit argues. “The Doe Defendants were present for the purpose of approaching Lattarulo and seizing his phone.”

Lattarulo regularly posts immigration advice on his Instagram, which has more than 20,000 followers. Many of his posts “call out what Lattarulo describes as illegal practices utilized by federal agents,” according to the lawsuit filed in federal court. 

The lawyer, who represented a Worcester mother detained during a high-profile arrest in May, was also quoted in a WCVB report about the arrest, according to the lawsuit. “The way [ICE] is arresting people is putting the public at risk,” he told the station at the time. The Worcester mother was granted asylum last week.

Lattarulo’s brother filmed the interaction, which agents allegedly unlawfully said was not allowed. Lattarulo provided his passport and his bar card, the lawsuit said. When he declined to turn over his phone due to his work, the agents said they would physically remove the phone from his possession.

The agents declined to identify themselves, said the seizure was standard procedure and “they did not need to provide him with a reason,” according to the lawsuit.

“The Doe Defendants’ actions indicated they were only interested in his business communication device – his phone,” the lawsuit said.

DHS did not return a request for comment on the lawsuit.

Molly Farrar is a general assignment reporter for Boston.com, focusing on education, politics, crime, and more.