A US federal judge this week ruled in favour of a prominent Palestinian-American academic and activist in a decision that deemed the search and seizure of his phones by customs officers to be illegal.

Osama Abu Irshaid, the executive director of American Muslims for Palestine (AMP), had his phones taken from him and searched at Washington Dulles International Airport on two occasions in 2024, upon his return from trips to the Middle East. 

On Wednesday, the US District Court for the Eastern District of Virginia determined that Abu Irshaid was indeed entitled to his Fourth Amendment claim, because "the evidence marshaled by Defendants... does not rise to the level of reasonable suspicion" of ongoing criminal activity, the decision read. 

The Fourth Amendment to the US Constitution prohibits unreasonable searches and seizures and requires that warrants be issued by a judge based on probable cause.

"Not only is this a victory for Dr Abu Irshaid, but a victory for the pro-Palestine movement overall. For decades, allies who support Palestinian human rights have been systematically targeted by the US government for daring to speak out against Apartheid Israel," AMP said in a statement following the ruling.

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