Incident details
- Updated on
- Date of incident
- January 17, 2019
- Targets
- Kitra Cahana (Freelance)
- Case number
- 1:19-cv-06570
- Case status
- Settled
- Type of case
- Civil
- Border point
- Montréal–Trudeau International Airport
- Target nationality
- US citizenship status of target
- U.S. citizen
- Denied entry?
- No
- Stopped previously?
- No
- Asked for device access?
- No
- Asked intrusive questions about work?
- Yes
Border Stop
Journalists settle suit against DHS over border stops
A group of journalists who sued the government over border officers’ questioning of journalists about their work settled the suit on Jan. 26, 2026, in New York, New York, federal court, according to court documents reviewed by the U.S. Press Freedom Tracker.
Journalists Kitra Cahana, Mark Abramson, Ariana Drehsler, Bing Guan and Go Nakamura sued in November 2019 after a series of border stops in late 2018 and early 2019, during which all five were asked intrusive questions about their coverage of a Central American migrant caravan’s arrival in Mexico. Three had equipment searched by border officers.
The suit accused the government of violating the First Amendment and named the heads of the Department of Homeland Security, Customs and Border Protection and Immigration and Customs Enforcement as defendants. The complaint notes that pictures of all five journalists appear in a DHS compilation of journalists, activists and attorneys connected to the migrant caravan.
The American Civil Liberties Union, which represented the plaintiffs along with law firm Covington & Burling, announced that the settlement required CBP to “issue guidance to certain CBP units regarding the First Amendment and Privacy Act protections that apply when questioning journalists at the border,” and to act “to ensure that the journalists’ past reporting at the U.S.-Mexico border should not serve as a basis for future border questioning.”
The settlement also includes “an amount for costs and attorneys’ fees.” ACLU attorney Esha Bhandari declined to provide additional information about the settlement terms.
“We are thankful to have secured redress for these journalists, to allow them to do their jobs reporting on the news free from unjustified government scrutiny,” Bhandari said.
Guan said: “It’s clear the government’s actions were meant to instill fear in journalists like me, to cow us into standing down from reporting what is happening on the ground. After being targeted for doing just that, I am grateful for what our lawsuit has achieved in defending the rights of journalists to report free from government officials’ scrutiny.”
Cahana said: “My biggest fear is that other journalists may have avoided important stories out of fear of being targeted themselves. Press freedom is not a partisan issue. Everyone should be alarmed when journalists are targeted.”
Journalist sues DHS, agencies after being found on government’s secret database
Freelance photojournalist Kitra Cahana and four other photojournalists filed a lawsuit against the heads of the Department of Homeland Security, U.S. Customs and Border Protection and Immigration and Customs Enforcement on Nov. 20, 2019.
The plaintiffs were each questioned by CBP officers from November 2018 to January 2019 about their work covering the Central American migrant caravan’s arrival to Mexico. In March 2019, it was revealed that DHS officials in San Diego had created a database of journalists, activists and attorneys who were involved in some way with the migrant caravan. Cahana and two of the other plaintiffs were listed in the database.
“This lawsuit challenges U.S. border officers’ questioning of journalists about their work documenting conditions at the U.S.-Mexico border,” the suit begins. “The border officers’ questioning aimed at uncovering Plaintiffs’ sources of information and their observations as journalists was unconstitutional.”
The suit seeks a ruling that such questioning violates the First Amendment and an injunction requiring the agencies to expunge any records or files about the photojournalists. The suit remains ongoing as of January 2022 and discovery is underway.
Freelance photojournalist Kitra Cahana had an alert placed on her passport and was entered into a database authorized by the U.S. government, which collected information about her and other journalists. Cahana was ultimately denied entry into Mexico multiple times.
Cahana was one of many journalists covering the Central American migrant caravan’s arrival to Mexico. While traveling from Canada to Mexico City on Jan. 17, 2019, Cahana was pulled aside at U.S. Customs and Border Protection preclearance in Montreal due to a “flag” on her passport, she said.
According to a lawsuit in which Cahana is a plaintiff, officers questioned Cahana about her work, how it was funded, whether she was covering the caravan on assignment and how she obtained assignments. After approximately 10 minutes, she was allowed to board her flight, but upon arrival was pulled aside again due to the alert on her passport — this time, by Mexican authorities, who Cahana said separated her from her phone.
According to the lawsuit, Cahana repeatedly asked the officers why she was being held and if it was because she is a journalist. An officer responded that she was being held because of a flag with Interpol by U.S. authorities.
She was ultimately denied entry to Mexico and was forced to return to Detroit; upon landing, she was once again flagged for secondary screening.
On March 6, NBC 7 in San Diego broke the story that Department of Homeland Security officials in San Diego had created a database of journalists, activists and attorneys who were involved in some way with the migrant caravan. The anonymous whistleblower who brought the documents to NBC 7 told the news outlet that the DHS had created dossiers on each individual in the database.
“We are a criminal investigation agency, we’re not an intelligence agency,” the anonymous source said. “We can’t create dossiers on people and they’re creating dossiers. This is an abuse of the Border Search Authority.”
DHS confirmed to NBC 7 that the seal on the documents indicates that “the documents are a product of the International Liaison Unit (ILU), which coordinates intelligence between Mexico and the United States.”
“In the current state of journalism, it's really freelancers who are bringing so much news to the public,” Cahana told NBC 7. “And the uncertainty of having an alert placed on your passport and not knowing where and when that's going to prevent you from doing your work is really problematic.”
The U.S. Press Freedom Tracker has documented other journalists covering the migrant caravan who were targeted by U.S. authorities for additional border screening measures. Some, including Go Nakamura and Ariana Drehsler, are listed in the database.
Editor's Note: This article has been updated with information detailed in a lawsuit Kitra Cahana filed in November 2019.
The U.S. Press Freedom Tracker catalogs press freedom violations in the United States. Email tips to [email protected].