Searches of Travelers Returning From Abroad Limited by Judge

In a case inspired by complaints from citizens returning from Nicaragua, a federal judge has ordered limits on the latitude of government searches of travelers returning to the United States.

The injunction, issued Wednesday by U.S. District Judge J. Spencer Letts, prohibits Customs agents from keeping notes on travelers or copies of the published matter they bring with them, according to lawyer Barrett S. Litt.

The U.S. Customs Service, citing federal law, had regularly searched travelers for suspected treasonous and seditious publications, Litt said. Agents were known to focus particularly on persons entering the country from nations considered unfriendly to this country, Litt said.

Although there is no known instance of the government actually seizing printed matter as treasonous, agents regularly held newspapers and books for study under the law, Litt said.

Assistant U.S. Atty. Donna R. Eide declined comment on Letts’ injunction. Both she and Litt said they learned of the ruling in a conference call with Letts.

Eide did say that extensive revisions of Customs Service regulations in 1986 unrelated to the litigation minimize the impact of the judgment.

Litt claimed that those changes were the result of the lawsuit, filed jointly in 1986 with the New York-based Center for Constitutional Law.

The injunction should clarify Customs’ limited ability to seize material and makes clear that the constraints on the service also apply to any other agencies--such as the FBI--which work in conjunction with Customs, Litt said.

The case was filed in Los Angeles, Litt said, but challenged customs procedures in Houston, Miami and New Orleans, the major ports of entry for Nicaraguan travelers.

Litt said the case was filed after American citizens traveling from Nicaragua complained that agents had confiscated published materials.

The injunction applies to material brought into the country from all destinations, according to Litt.