Esha Bhandari, deputy director of the ACLU Speech, Privacy, and Technology Project, says that CBP has broad authority to question anyone coming into the country and search luggage, phones, and laptops—even without a warrant, regardless of immigration or citizenship status. That means they can scroll through your photos, emails, texts, or apps—anything on devices is fair game. “You can state you don’t consent to a search, but this likely won’t prevent Customs and Border Protection (CBP) from searching your phone,” Bhandari explains.
To protect your privacy, the Bhandari says visitors may want to consider using a travel-only smartphone or laptop that doesn’t contain private or sensitive information. Or, travelers can choose to encrypt their devices with a strong and unique password and turn them off before crossing the border. If an agent asks for your password, you are not legally required to provide it, although that may result in your device being held for weeks or months. For people who are not citizens or green card holders, declining to provide a password could also result in US border patrol officials denying you entry to the country.
Marina Shepelsky, an immigration attorney at Shepelsky Law Group, also recommends backing up your data and minimizing sensitive information on your device before traveling. “There is sensitivity around any texts or social media posts that may criticize the Trump administration or its policies right now,” she says. “Border agents can scrutinize this information during searches and may use it against travelers to deny entry, expedite removal, or impose bans on future visits.”
Share your travel plans with a friend or family member
All travelers to the US are required to be inspected for admission, which often means some routine questioning and screening. However, travelers with any “red flags” in their background (a prior immigration violation, an unusual pattern of travel to the US, or a prior issue with CBP) would make someone more susceptible to increased scrutiny, including being sent to secondary inspection for more in-depth questioning, and in some instances, could cause potentially someone to be denied entry or even detained.
“In all cases, always remain calm and polite,” Bahal says. “You can ask for reasons why, and if you do not feel that the officer has made a correct decision, you can ask to speak with a supervisor. Whether any such request will be granted depends on the interviewing officer and the facts at hand.”
Historically, for non-serious issues like a determination that a traveler did not have the proper visa, DiRaimondo says the individual was permitted to withdraw their application for admission and return to their home country via the next available flight. Recently, however, her firm has heard more frequent reports of travelers being refused entry by CBP and placed in ICE detention for several days or even weeks prior to being removed.
“While these instances are still extremely rare when compared to the number of travelers entering the US each day, it is a shift from what we’d historically see and could certainly have a chilling effect on non-essential travel to the US,” DiRaimondo says, adding, “If you are detained, you should ask to speak to your lawyer. Because you don’t have the right to a public defender in these situations, it’s important to have the contact information of an immigration attorney available and on call.”
At the very least, Shepelsky says to let close family or friends know your travel details in case anything unexpected happens at the border. “If you’re detained or questioned for an extended period, having someone who can reach your attorney quickly can make a big difference,” she adds.
