Episode 9
Border Pressure: Attorney-Client Privilege and Government Overreach
Border Pressure: Attorney-Client Privilege and Government Overreach
When Michigan attorney Amir Makled returned to the United States, he did not expect to be detained by immigration agents. In this episode, we explore his account of that encounter, why he believes he was targeted for defending a student involved in a pro-Palestinian protest, and what happened when he refused to give authorities full access to his phone. His experience raises urgent concerns about attorney-client privilege and whether lawyers can protect confidential communications when crossing the border.
Makled argues the stop was not random but a deliberate attempt to intimidate lawyers and chill dissent. Reports say agents asked for access to his device, pressed him about his work, and ultimately viewed his contacts after he refused broader access. This makes the case especially troubling for anyone concerned about attorney-client privilege, legal ethics, and attorneys' ability to represent controversial clients without government interference.
How Attorney-Client Privilege Is Tested at the Border
The episode also examines what this incident means for border phone searches, government surveillance, and the future of legal protections for people who speak out. Civil-liberties advocates warn that device searches at the border can expose sensitive information that would normally require stronger legal justification away from a port of entry. In that setting, attorney-client privilege becomes more vulnerable, especially when a lawyer carries confidential client data on a personal phone.
More broadly, the case highlights a deeper concern about state power and professional intimidation. If lawyers believe they may be questioned, profiled, or pressured because of who they represent, the consequences extend far beyond a single traveler at a single airport. This episode asks what happens to dissent, due process, and democratic accountability when attorney-client privilege is no longer a firm boundary.
Sources
https://www.bostonreview.net/articles/lauren-carasik-government-targeting-immigration-lawyers-activists-journalists/
https://www.bostonglobe.com/2025/04/13/metro/dhs-immigration-deportation-parole-termination
https://www.npr.org/2025/04/09/nx-s1-5357455/attorney-detained-by-immigration-authorities
https://www.ttownmedia.com/news/state/as-trump-and-his-administration-continue-harassing-immigration-attorneys-they-express-a-willingness-to-sue/article_93dd3ca5-853e-5695-b493-f2646e9e8cea.html
https://www.wired.com/story/homeland-security-email-tells-a-us-citizen-to-immediately-self-deport/
