Boarder Search
Full Title
U.S. Customs and Border Protection (CBP) has the authority to search electronic devices (including cell phones, laptops and tablets) of ALL travelers when they enter the U.S., regardless of citizenship or immigration status. This authority is part of the “border search exception” to the Fourth Amendment, allowing searches without a warrant or suspicion. Case law also supports it.
CBP’s policies allow officers to inspect and, if necessary, detain electronic devices for further examination. This includes copying data and sending devices to other agencies for analysis, even without reasonable suspicion of wrongdoing.
While CBP’s search authority applies universally, the consequences of non-compliance vary based on one’s status:
- U.S. Citizens - While CBP can search their devices, citizens cannot be denied entry for refusing to unlock them. However, refusal may lead to device confiscation and travel delays.
- Lawful Permanent Residents (LPRs) - Similar to citizens, LPRs cannot be denied entry for non-compliance but may face additional questioning, prolonged inspections, or temporary device seizures.
- Visa Holders and Visitors - Refusal to comply can result in denial of entry. At preclearance locations, this may prevent boarding.
To be clear, CBP’s authority for electronic searches is NOT new under the Trump administration. However, we’ve seen multiple media stories that visa holders and LPRs are facing increased scrutiny at entry, sometimes leading to detentions and denials of entry. Notably, electronic device searches at the border have played a significant role in these stories. For example, a Rhode Island physician and assistant professor at Brown University was deported to Lebanon after CBP officers discovered photos on her phone deemed sympathetic to Hezbollah. This situation underscores how information obtained from electronic devices during border inspections can lead to findings of inadmissibility or misrepresentation.
