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U.S. Customs and Border Protection (CBP) has the authority to search electronic devices—including phones, laptops, tablets and
other electronic devices—of anyone entering the U.S., including U.S. citizens and non-citizens. These searches can happen at U.S. land
crossings, airports, seaports, and even at CBP preclearance locations abroad, such as Dublin or Toronto. These searches can occur
without a warrant or suspicion.
Types of Searches
• A basic search is any border search of an electronic device
that generally involves an officer reviewing the contents of
the device manually without the assistance of any external
equipment.
• An advanced search is when an officer connects external
equipment to an electronic device to access to the device, as
well as to review, copy, and/or analyze its contents. CBP must
have a reasonable suspicion of a violation of law or a national
security concern and pre-approval of a senior manager before
conducting an advanced search.
Why This Matters to You
• Privacy Risks: CBP may access personal, confidential and
sensitive data.
• Legal Considerations: Your rights are limited at the border, but
you can take steps to protect your data.
• Possible Consequences: If you refuse to provide access, your
device may be seized. Visa holders may be denied entry to the
United States if they refuse to provide access. At preclearance
locations, this may result in boarding being denied.
Ten Smart Steps to Protect Your Data at the U.S. Border
1. Travel Light: Carry only necessary devices. Consider using a
dedicated travel device with minimal personal data.
2. Back Up Before You Go: Save important files securely in the
cloud or an external drive before traveling. Keep backups
separate from your laptop.
3. Prioritize Password Security: Secure devices with unique,
complex passwords. Although fingerprints and other biometric
locks offer convenience, they are generally considered
less secure than strong passwords. Enabling two-factor
authentication (2FA) whenever possible can provide an
additional layer of security.
4. Know Your Rights:
• You are not required to share your password, but refusal may
lead to device seizure. Visa holders may be denied entry to the
U.S. if they refuse to provide access. At preclearance locations,
this may result in boarding being denied.
• U.S. citizens can refuse to answer questions beyond identity
and travel details, though this may cause delays. Lawful
permanent residents cannot be denied entry but may face
additional scrutiny. Visa holders may be denied entry if they
refuse to answer questions about their trip and visa status.
5. Document the Search: Write down details of the search,
including the names and badge numbers of CBP agents.
Document the questions they ask. If your interview was
recorded, ask for a copy of the transcript.
6. Minimize Stored Data: Carry less data across the border.
Consider traveling with a laptop free of sensitive data or apps
that collect and store sensitive data. Securely delete files
instead of just moving them to the trash. Think about leaving
your usual phone at home and buying a temporary phone, then
transferring your SIM card or getting a new number at your
destination.
7. Encrypt Your Devices: Enable full-disk encryption on all your
devices for added security. Use strong passphrases instead of
simple passwords.
8. Turn Off Devices Before Border Crossing: Power down your
devices completely before reaching the border to help protect
against potential remote access attacks and data interception.
9. Inspect Devices Upon Return: If your laptop is confiscated and
later returned, boot it using an external drive and perform a
thorough scan for any unauthorized software or changes.
10. Limit Cloud Access: The border search will only examine
information on the device at the time of the search and cannot
access information stored remotely. Sign out of sensitive apps,
disable automatic logins, and consider removing apps that
store personal data. Additionally, you may consider using a
VPN for electronic devices.
How to Handle Interactions with U.S. Border Agents
• Be Honest: Never lie to CBP officers.
• Stay Calm: Do not argue or interfere with an inspection.
• Understand Inspection Authority: Understand that CBP has the
authority to physically inspect electronic devices. While you
are not required to provide your passwords, refusing to do so
may result in possible consequences, such as device seizure or
denial of entry.
