Borowski v. U.S. Customs and Border Protection, No. 1:23-cv-00257 (W.D.N.Y., filed Mar. 22, 2023)

Matthew Borowski is an immigration attorney and U.S. citizen who resides in Canada but manages an immigration law firm in Buffalo, New York. As such, he routinely commutes across the U.S./Canadian border for work. He has maintained a NEXUS card since 2012. NEXUS is a trusted traveler program that permits faster travel across the border.

Mr. Borowski and his family have had several encounters with Customs and Border Protection (CBP) officers while traveling across the border. In one incident, a CBP officer assaulted Mr. Borowski’s wife and took the families’ NEXUS cards. CBP ultimately returned the NEXUS cards. Mr. Borowski and his wife sued the assaulting CBP officer, who continued to harass the family while the lawsuit was pending. In 2017, Mr. Borowski successfully renewed his NEXUS card.

During the Trump administration, Mr. Borowski was outspoken about his opposition to new immigration policies and engaged in a range of activity to express his views, including a protest in immigration court. Mr. Borowksi continued to travel back and forth across the U.S./Canadian border, and though he was routinely sent to secondary inspection for no apparent reason, he was always permitted to continue his travel. In December 2022, CBP declined his request to renew his NEXUS card without explanation. A NEXUS Supervisor indicated to Mr. Borowski that prior incidents had led to the denial.

Mr. Borowski submitted a request under the Freedom of Information Act (FOIA) seeking the reason for the denial. CBP has yet to respond.

On March 22, 2023, Mr. Borowski filed suit alleging that the denial of his request to renew his NEXUS card was arbitrary and capricious under the Administrative Procedure Act and challenging the failure to respond to his FOIA request.

Documents:

• Complaint

Counsel: Matthew Borowski

Contact: Matthew Borowski | (716) 330-1503