This week, civil rights groups argued in court that the government needs a warrant to search electronic devices at U.S. airports and other ports of entry.

A federal appeals court heard oral arguments on Jan. 5 in a case in which 10 U.S. citizens and one permanent resident who travels frequently sued the Department of Homeland Security, alleging that their Fourth Amendment rights against unreasonable search and seizure were violated when their devices were searched upon reentry into the country.

“I believe the ACLU will be successful using the Fourth Amendment argument,” Chris Hauk, consumer privacy champion at Pixel Privacy, said in an email interview. “They should also be able to successfully argue on the basis of racial discrimination, since the group of Americans on whose behalf the lawsuit is filed are all Muslims or people of color.”

The lawsuit dates back to 2017, when the plaintiffs challenged the government’s practice of searching travelers’ electronic devices without a warrant and often without any suspicion that the traveler had engaged in wrongdoing. A federal district judge ruled last year that some searches of electronic devices at U.S. border crossings violate the Fourth Amendment. The court said border agents must have reasonable suspicion that a device contains digital contraband before searching or seizing it.