Traveling Internationally? Know Your Rights When It Comes to Phone and Laptop Searches
by Christopher J. McNally, Esq
If you’re a visa holder, green card holder, or applying for immigration benefits, it’s important to know what can happen when you re-enter the U.S. — especially when it comes to your electronic devices.
Customs and Border Protection (CBP) claims broad authority to search phones, laptops, and tablets at the border without a warrant. These searches can happen even if there is no reason to believe you’ve done anything wrong. CBP may scroll through your messages, emails, or saved documents — and in some cases, even download and keep a copy of your data.
Refusing to unlock your device or share a password may delay your entry and, for visa holders or travelers under the Visa Waiver Program, could result in denial of entry. Lawful permanent residents and U.S. citizens cannot be denied entry, but may still have their devices seized and may be detained at the point of entry before being admitted.
Before traveling, reduce the amount of sensitive data on your device, use strong encryption, and store private documents in the cloud — not on your phone. If your device contains immigration filings or attorney communications, let the officer know immediately.
Understanding your rights at the border is essential. If you have concerns, consult with an immigration attorney before your trip.
Source: American Civil Liberties Union (ACLU), “Can Border Agents Search Your Electronic Devices?”