Border agents have significant authority to inspect electronic devices of travelers entering and exiting the United States. These inspections can have serious implications, even if no illegal content is found on the devices. The government is reportedly attempting to revoke visas based on political statements and ideology found on such devices. Travelers have also faced entry denials due to political statements stored on their devices.
Once inside the U.S., Customs and Border Protection (CBP) retains the right to search, copy, and store information from electronic devices. This could include personal or sensitive work-related data. Jacob Smith, a CDT Fellow, outlines several measures travelers can take to protect their privacy when crossing borders.
One suggestion is to travel with a temporary device that contains minimal data instead of using a primary device. For maximum sensitivity, travelers might restore a device from a cloud backup after crossing the border using services that offer full disk encryption. Alternatively, sending a powered-off and encrypted device ahead by mail or courier could reduce the likelihood of it being searched.
Smith advises password-protecting electronic devices with strong passwords and disabling alternate unlock methods like FaceID or fingerprints. If complying with an unlock request, travelers should unlock their devices themselves rather than sharing passwords.
Backing up data before traveling ensures access in case of seizure. Removing sensitive data before travel and storing it in the cloud allows access without risking seizure at the border.
Deleted files may still be accessible unless manually cleared from trash bins or cache folders. Fully powering off a device activates full-disk encryption protection, making unauthorized searches more difficult.
Logging out of cloud accounts and disabling network access helps ensure compliance with CBP policies limiting searches to data physically present on devices.
Understanding rights is crucial; foreign visitors refusing searches may be denied entry while U.S. citizens cannot be denied entry for refusal but may have their devices seized for further scrutiny.
Emergency contact information should be kept on paper in case of device seizure. If seized, requesting CBP Form 6051D provides details about the device and follow-up contact information.
Travelers are cautioned against lying or obstructing investigations as these actions may result in criminal charges. After any search or seizure event, changing passwords used on inspected devices can help maintain security since CBP might record obtained passwords.
These precautions aim to mitigate—but not entirely eliminate—privacy risks associated with crossing U.S. borders with electronic devices.