Borderline: The Evolving Landscape Of The Border Search Doctrine

In recent years, the US Department of Justice (DOJ) has brought an increasing number of cases aimed at combating economic espionage as part of its China Initiative. This effort has included cases against scientific researchers working at American universities for alleged failures to disclose foreign ties or funding and against efforts to smuggle federally funded research to China. While federal prosecutors have charged a number of academic researchers across the United States with a variety of crimes, many of these cases have one thing in common: The charges stem from a search of the researcher's physical luggage or electronic devices at an airport.

For instance, in January 2020, the government charged Yanquing Ye, a lieutenant of the People's Liberation Army (PLA) and member of the Chinese Communist Party, with falsely identifying herself as a "student" at Boston University and lying on a visa application about her ongoing military service. In fact, prosecutors