Both U.S. citizens and non-citizens should be aware of U.S. Customs and Border Protection (CBP)’s authority to search their electronic devices when entering the country. No warrant or suspicion is required for CBP to search the phones, laptops, tablets, and any other electronic devices of individuals entering the country. This is applicable at U.S. airports, seaports, land crossings, and CBP preclearance locations abroad, such as Dublin or Toronto.
Two general types of search may occur: basic and advanced.
- Basic searches generally involve the manual review of your device contents by an officer. External equipment is not used to search electronic devices during a basic search.
- Advanced searches are when external equipment is used to not only access your device, but also review, copy, and analyze your data. To conduct an advanced search, CBP must have a reasonable suspicion of a national security concern or a law violation, as well as the approval of a senior manager.
You are not required to share your password, but refusal to provide access may cause your devices to be seized by CBP. Visa holders face a bigger risk, as there is a chance of being denied entry to the United States. If you agree to a search, your personal and sensitive data will likely be accessed by CPB. However, there are steps you can take to protect your data:
Travel Light
- Travel with only necessary devices and consider using a separate dedicated travel device with minimal personal data.
- Carry less data across the border by removing as much personal data as possible before border crossing. Consider the data collected by your apps and securely delete files instead of just moving them to the trash.
Protect Your Data
- Secure devices with complex, unique passwords and two-factor authentication (2FA) wherever possible. These are more secure than fingerprints and other biometric locks on your devices. Enabling full-disk encryption or installing a VPN on your devices will also add security.
- Limit cloud access, sign out of apps containing sensitive data, and disable automatic logins on all devices. A border search will examine only information stored on your device, so save important files securely in the cloud or on an external drive separate from your devices.
- If your device is confiscated and later returned, perform a thorough scan for any unauthorized software or changes.
Know Your Rights
- U.S. citizens can refuse to answer questions beyond identity and travel details, although this may cause delays at the border.
- Lawful permanent residents cannot be denied entry, but they may face additional scrutiny.
- Visa holders refusing to answer questions about their trip and visa status may be denied entry.
- If your devices are searched, write down details including the names and badge numbers of CBP agents and the questions they ask. If your interview is recorded, ask for a copy of the transcript.
Remember that it is entirely within CBP’s authority to physically inspect your electronic devices. When interacting with U.S. Border Agents, be honest and stay calm. Never lie to CBP officers, and do not argue or interfere with inspections.
The above information is adapted from the AILA flyer “Electronic Device Searches at U.S. Ports of Entry: What You Need to Know.” This blog post is intended for general information purposes and does not constitute legal advice. More information about border search of electronic devices can be found at https://www.cbp.gov/travel/cbp-search-authority/border-search-electronic-devices.