Are your devices safe at US borders? CBP starts warrantless searches of phones, laptops
In some cases, CBP can keep a device for up to five days, with the possibility of extensions in seven-day increments
- Apr 19, 2025,
- Updated Apr 19, 2025 9:34 AM IST
US Customs and Border Protection (CBP) officers have started performing warrantless searches of cell phones and other electronic devices of travellers entering the United States, including citizens, green card holders, and visa holders. These searches are being conducted at airports, land borders, and seaports.
CBP searches are categorised into two types:
-
Basic search: An officer checks the contents of an unlocked device without external tools.
-
Advanced search: This involves using external tools to access, copy, or analyze information on the device. An advanced search requires reasonable suspicion of legal or national security violations and must be authorized by a senior CBP manager.
In some cases, CBP can keep a device for up to five days, with the possibility of extensions in seven-day increments. There have also been reports of devices being retained for weeks.
Your rights and obligations at the border: The extent of CBP’s authority varies depending on your citizenship status:
-
U.S. citizens: While they cannot be denied entry for refusing to unlock their device, they can receive a notification of intent to block access to the device.
Advertisement -
Green card holders: They have the right to a hearing with an immigration judge if their entry is challenged.
-
Visa holders: They risk being denied entry if they refuse to allow access to their device.
In light of these developments, the American Civil Liberties Union advises travellers to directly input their passwords rather than handing them over to CBP officers. If you must share your password, it is recommended to change it afterwards.
How to protect your digital privacy: If you're travelling to the United States, consider these precautions to safeguard your personal information:
-
Restrict data: Only carry essential data that you cannot afford to leave behind.
-
Use complex passwords: Set strong passwords and disable biometric authentication features.
Advertisement -
Encrypt your devices: Encrypt devices to add an extra layer of security.
-
Backup and erase: Backup important data and erase sensitive information before travelling.
-
Cloud services: Transfer sensitive data to encrypted cloud servers instead of storing it on your device.
Additionally, it’s wise to record the names and badge numbers of CBP officers and request a receipt for any device detention. Ensure that officers fill out Form 6051-D, which documents the interaction.
US Customs and Border Protection (CBP) officers have started performing warrantless searches of cell phones and other electronic devices of travellers entering the United States, including citizens, green card holders, and visa holders. These searches are being conducted at airports, land borders, and seaports.
CBP searches are categorised into two types:
-
Basic search: An officer checks the contents of an unlocked device without external tools.
-
Advanced search: This involves using external tools to access, copy, or analyze information on the device. An advanced search requires reasonable suspicion of legal or national security violations and must be authorized by a senior CBP manager.
In some cases, CBP can keep a device for up to five days, with the possibility of extensions in seven-day increments. There have also been reports of devices being retained for weeks.
Your rights and obligations at the border: The extent of CBP’s authority varies depending on your citizenship status:
-
U.S. citizens: While they cannot be denied entry for refusing to unlock their device, they can receive a notification of intent to block access to the device.
Advertisement -
Green card holders: They have the right to a hearing with an immigration judge if their entry is challenged.
-
Visa holders: They risk being denied entry if they refuse to allow access to their device.
In light of these developments, the American Civil Liberties Union advises travellers to directly input their passwords rather than handing them over to CBP officers. If you must share your password, it is recommended to change it afterwards.
How to protect your digital privacy: If you're travelling to the United States, consider these precautions to safeguard your personal information:
-
Restrict data: Only carry essential data that you cannot afford to leave behind.
-
Use complex passwords: Set strong passwords and disable biometric authentication features.
Advertisement -
Encrypt your devices: Encrypt devices to add an extra layer of security.
-
Backup and erase: Backup important data and erase sensitive information before travelling.
-
Cloud services: Transfer sensitive data to encrypted cloud servers instead of storing it on your device.
Additionally, it’s wise to record the names and badge numbers of CBP officers and request a receipt for any device detention. Ensure that officers fill out Form 6051-D, which documents the interaction.