When returning to the United States after traveling abroad, travelers might encounter increased scrutiny at the border. This scrutiny can include inspections of electronic devices like phones and laptops by U.S. Customs and Border Protection (CBP) agents. Even if you are a U.S. citizen, these agents have the authority to retain your devices and the data they contain without needing a warrant. This practice is legal and aims to determine individuals’ intentions and combat potential security threats.
Despite the legal backing, the number of travelers subjected to these searches remains minimal. In the fiscal year 2024, less than 0.01% of international travelers experienced such inspections, equating to approximately 47,000 out of 420 million processed at U.S. ports of entry. However, media reports suggest an increase in these searches under the policies of the Trump administration, raising concerns among frequent travelers.
The CBP conducts two types of searches: basic and advanced. A basic search involves a manual examination of your device’s content without special technology. In contrast, an advanced search occurs when officers have a ‘reasonable suspicion’ of a national security risk. This type of search allows officers to connect your device to external equipment to review, copy, and analyze its content, potentially leading to more invasive scrutiny.
Travelers can take steps to minimize encounters with these inspections. Familiarizing yourself with your rights is crucial. While the Fourth Amendment of the Constitution sets strict limits on police actions, these limits often diminish at the border, where rules are largely determined by courts and can vary by jurisdiction. Understanding the legal and political climate of your destination can provide valuable context.
Another practical tip is to turn off your device before passing through security. Due to a constitutional law peculiarity, agents cannot force you to enter your password or PIN to unlock your device. However, they might pressure you to unlock it using biometric methods like fingerprints or facial recognition. By turning off your phone, the only way to unlock it upon restarting is by entering a password, potentially complicating access for agents.
As a U.S. citizen, you have the right to refuse if a border agent asks you to unlock your device. Importantly, you cannot be legally denied entry into the country for exercising this right, a privilege not extended to non-citizens. However, it’s essential to weigh the potential consequences of refusal, as agents may still confiscate your device for further examination.
While agents cannot prevent your entry, they can retain your devices and, with cause, hold them for an indefinite period. The CBP may also keep copies of information obtained during a search for up to 15 years. This raises a critical question: is it better to allow a device inspection to avoid further complications, or is it preferable to risk being without your phone if it’s confiscated?
