If you’re planning a trip to the United States, be aware that US Customs and Border Protection (CBP) officers have the legal right to inspect your electronic devices — including phones, laptops, and tablets — at all ports of entry, including airports and land borders. These searches do not require a warrant or prior suspicion, and apply to everyone regardless of citizenship or visa status.
CBP conducts two levels of inspections. In a basic search, officers may ask you to unlock your device for a manual inspection. If you refuse, consequences vary depending on your immigration status. For advanced searches, officers use external tools to copy or analyse data. This step requires “reasonable suspicion” or a national security concern and must be approved by a supervisor.
During advanced searches, devices may be held for up to five days. In certain cases — described vaguely as “extenuating circumstances” — this detention period can be extended in weekly increments. Some travellers have reported being without their devices for several weeks.
Your rights at the border differ by status:
- US Citizens: You cannot be denied entry for refusing to provide your password, but your device may be confiscated.
- Green Card Holders: You can request a hearing before facing any impact to your residency status.
- Visa Holders: Refusing to unlock your device may lead to denial of entry.
Privacy advocates recommend precautions such as travelling with minimal data on a separate “travel device,” logging out of apps, and backing up important files before departure. The ACLU also advises entering passwords yourself instead of disclosing them verbally, and changing them immediately after inspection.
Although the government says that data copied from devices will be deleted within 21 days if no criminal evidence is found, CBP may retain officers’ notes and observations from the inspection.
As scrutiny at US borders continues under tightened immigration policies, travellers are urged to know their rights and take steps to protect their digital privacy.