Due to heightened security measures and evolving technology, travelers entering the United States are facing increased scrutiny at border crossings. One of the most contentious issues is the ability of border control officers to search through personal electronic devices, particularly smartphones. This practice has raised concerns about privacy rights and the extent of government authority.
U.S. Customs and Border Protection (CBP) states that it has the legal authority to inspect electronic devices. These items include phones, laptops, and tablets that cross U.S. borders. This claim, however, remains a contested legal issue, according to the American Civil Liberties Union (ACLU). The government believes these searches can occur without the need for individualized suspicion, a stance that has sparked debate among legal experts and civil rights advocates.
Border Control And Your Phone
When it comes to electronic device searches, there are two types that travelers might encounter: basic and advanced. In a basic search, a border agent physically inspects your phone and reviews what they can see. On the other hand, an advanced search involves potentially downloading all of your files using an external device.
It’s important to note that while these searches are possible, they are not commonplace. In 2024, CBP reported conducting 42,725 basic searches and 4,322 advanced searches, primarily on non-U.S. citizens. However, the rarity of these searches does little to alleviate the concerns of privacy advocates and travelers alike.
Who Gets Searched?
The criteria for selecting individuals for electronic device searches can vary and has been a subject of controversy. The ACLU has represented a diverse group of individuals who have had their devices searched at the border. They include a military veteran, an artist, a NASA engineer, journalists, Muslims, and people of color.
Understanding your rights is crucial when facing a potential device search at the border. For U.S. citizens, while you cannot be denied entry for refusing to provide passwords or unlock your devices, such refusal could lead to delays, additional questioning, and the possibility of your device being held for further inspection.
Lawful permanent residents (green card holders) generally have similar protections, as their status cannot be revoked without a hearing before an immigration judge. However, for visa holders and travelers from visa-waiver countries, refusing to unlock devices could result in being denied entry to the United States.
