Recently, US citizens and green cardholders have been expressing their concerns online about electronic device searches when they return to the US. Many travelers mistakenly believe that TSA agents can search for mobile phones during security checks. In fact, only the US Customs and Border Protection (CBP), not the Transportation Security Agency (TSA), has the authority to inspect electronic devices only when they enter a country that does not depart.
These searches are made by CBP at the port of entry, not by TSA officers at the domestic checkpoint. A TSA spokesperson said, “TSA does not require passenger access to electronic devices.” Here’s what you need to know about electronic searches when traveling to the US:
How common is phone search at airports?
Despite growing concerns, device searches remain relatively rare. In a statement to the distance, CBP Deputy Commissioner Hilton Beckham said: “The changes in management claim that CBP is searching for more electronic media. CBP searches are consistent with the increase since 2021, with under 0.1% of travelers searching for devices.”
According to CBP statistics found online, out of the 420 million international travelers, 47,047 searched electronic devices in the 2024 fiscal year. 90% of these were basic searches where you manually review content such as apps, photos, messages, and more without using external devices. More invasive “advanced search” involves connecting the device to a special tool to extract or copy data, even if the device is locked.
Less privacy rights at borders
Unlike many European Union countries, where digital privacy laws and constitutional protections limit when and how electronic devices can be searched, CBP agents have broader authority to make such searches without warrants or doubt.
The legal framework for border searches is very different from domestic law enforcement agencies. Legal experts emphasize that all travelers, including US citizens, should reduce their expectations of privacy at their borders. Renivenson, a prominent immigration and human rights law professor at New York Claw School, says these reduced rights extend up to 100 miles inland at the border. This means that within 100 miles of the border, CBP can make a legitimate suspension to search for people without immigration documents.
Your rights depend on your status
Your rights at the borders depend heavily on the circumstances of your immigration. Immigration attorney Marina Schepersky says CBP can search for packages, phones and laptops without a warrant. According to Shepelsky, if CBP requests a search for an electronic device, citizenship status affects what happens if they refuse to cooperate.
- US citizens: You cannot reject an entry for refusing to unlock the device, but the device may be temporarily confiscated
- Green Cardholder: You may face confiscation of your device and potential immigration outcomes
- Visa Owner: You will be denied your entry and you can cancel your visa
Legal representation is also status dependent. Natalia Polktine, an immigration lawyer specializing in border law, points out that only US citizens have legal representation rights in border inspections.
“Permanent residents and visa-holding visitors do not have the right to request an attorney during the border screening procedure,” explains Polukhtin. “Visitors may comply with the entry and refuse to be denied.”
Do I need to provide a password?
One of the most common questions for travelers is whether your password must be shared with CBP. Shepelsky said there is no need to unlock the device or share a password, but if it is not, your phone could be detained. Benson agrees to confirm that refusing to unlock a device could lead to forensic searches, even if there is no legal obligation to provide access.
The CBP policy states that “if an electronic device cannot be inspected because it is protected by a passcode or encryption or other security mechanism, the device may be subject to exclusion, detention, or other appropriate action or disposition.”
Best Practices for Travel
International travelers can take several precautions to make the border intersection smoother. Benson recommends that you move your electronic information away from your device and use cloud storage to access it after your trip. She also recommends anyone arrested or questioned at the border seeking competent advice before traveling. “The big problem is that there are really no digital nomadic visas and foreigners may be careless about working on their US holidays,” Benson says.
Shepelsky says that keeping social media activities down to a minimum. “Think about removing posts and messages that may be misunderstood or considered critical of the US administration,” she says. “One way to avoid deleting this content is to scrub the phone before a trip or leave it at home during the trip and buy a new mobile phone and SIM card at international destinations to communicate.” In fact, some travelers may carry a burner phone when traveling in the case of search.
However, CBP strongly deny that these searches target specific experts or political views. Vice Chairman Beckham said: “These searches are being conducted to detect digital contraband, terrorist content, and information related to visitor acceptance, all of which play an important role in national security.
Shepelsky also recommends sharing travel details with people you trust. In particular, non-citizens should ensure that their loved ones have contact information for immigration lawyers. “If you’re detained or questioned for a long period of time, having someone who can quickly reach your lawyer can make a big difference,” she explains.
File a claim
If you believe your rights have been violated during a border search, you can file a complaint through the CBP website. However, Benson warns that the process is not always effective as the office to receive civil rights complaints has been dissolved. Benson recommends visiting the E-Frontier Foundation (a nonprofit organization protecting digital civil liberties) and the American Civil Liberties Union website for those seeking more information about digital privacy rights.
