A Texas resident is suing the United States government after ICE agents allegedly seized his cell phone and laptop at JFK Airport without due process or explanation last year.
Plaintiff Vimalkumar Bhakta filed a complaint against the United States of America, accusing federal agencies of unlawfully confiscating his cell phone and laptop upon his return from Scotland at JFK International Airport on June 18, 2024. According to the complaint, Bhakta was stopped by agents from Immigration and Customs Enforcement (ICE) and Homeland Security Investigations (HSI), who seized his electronic devices and revoked his Global Entry status. He alleges that agents provided no explanation or documentation beyond a standard form. Despite numerous attempts to recover his property, including efforts involving congressional assistance and direct communication with federal officials, Bhakta has not received any substantive information about the seizure. Case exhibits include an email from Congressman Troy Balderson’s office stating that ICE could not provide a direct contact because the matter is part of an ongoing investigation.
The lawsuit asserts that the government's actions amount to an unconstitutional taking under the Fifth Amendment, which prohibits the taking of private property for public use without just compensation. It also alleges a breach of an implied bailment contract under the Little Tucker Act, claiming that while acting as a bailee, the government has failed to fulfill its duty to return the property or justify its continued possession.
Bhakta seeks several forms of judicial relief, including a declaration that his Fifth Amendment rights were violated, an order requiring the return of his property, damages not exceeding $10,000 for the alleged unlawful taking, attorneys' fees and costs, and any other relief the court deems appropriate.
The plaintiff is represented by attorneys John T. Zach of Boies Schiller Flexner LLP in New York City, and David S. Becker, Andrew L. Sparks, and David A. Lockshaw Jr. of Dickinson Wright PLLC, with offices in Chicago, Lexington, and Columbus. The case was filed in the United States District Court for the Eastern District of New York under Case ID 1:25-cv-03529.