U.S. Customs and Border Protection (CBP) has the authority to search electronic devices—including phones, laptops, tablets and other electronic devices—of anyone entering the U.S., including U.S. citizens and non-citizens. These searches can happen at U.S. land crossings, airports, seaports, and even at CBP preclearance locations abroad, such as Dublin or Toronto. These searches can occur without a warrant or suspicion.
Types of Searches
• A basic search is any border search of an electronic device that generally involves an officer reviewing the contents of the device manually without the assistance of any external equipment.
• An advanced search is when an officer connects external equipment to an electronic device to access to the device, as well as to review, copy, and/or analyze its contents. CBP must have a reasonable suspicion of a violation of law or a national security concern and pre-approval of a senior manager before
conducting an advanced search.
Why This Matters to You
• Privacy Risks: CBP may access personal, confidential and sensitive data.
• Legal Considerations: Your rights are limited at the border, but you can take steps to protect your data.
• Possible Consequences: If you refuse to provide access, your device may be seized. Visa holders may be denied entry to the United States if they refuse to provide access. At preclearance locations, this may result in boarding being denied.
Ten Smart Steps to Protect Your Data at the U.S. Border
- Travel Light
- Back up Devices Before You Go
- Prioritize Password Security
- Know Your Rights
- Document the Search
- Minimize Stored Data
- Encrypt your Devices
- Turn off Devices before Border Crossing
- Inspect Devices Upon Return
- Limit Cloud Access
How to Handle Interactions with U.S. Border Agents
• Be Honest: Never lie to CBP officers.
• Stay Calm: Do not argue or interfere with an inspection.
• Understand Inspection Authority: Understand that CBP has the authority to physically inspect electronic devices. While you are not required to provide your passwords, refusing to do so may result in possible consequences, such as device seizure or denial of entry.
If you have questions about traveling to the United States, please contact your immigration lawyer. If you do not have an immigration attorney, you can find a licensed attorney at www.ailalawyer.org.