There have been cases of airport Customs and Border Protection (CBP) agents denying travelers entry to the United States based on searches of their phones. A doctor on an H-1B visa was deported to Lebanon after being found searching for “sympathetic photos and videos” of Hezbollah leaders, The Verge reported. A French scientist was sent back after being found to have sent messages criticizing the Trump administration’s cuts to research programs, which US officials said expressed “hatred for Trump” and “could be involved in terrorism.”
Courts in the United States have issued varying rulings regarding the search of devices at ports of entry. But no matter your situation, if you’re traveling to the United States, you may want to take precautions to protect your digital privacy. CBP searches of devices have been rare in the past. In 2022, CBP searched the phones, computers, or other electronic devices of less than 0.01 percent of international travelers entering the United States.
PR holders can also refuse such checks, but only in special circumstances. If a green card holder stays outside the US for more than 180 days, they will be checked for reasons that could make them “inadmissible” upon their return. In such cases, they may also be denied entry to the US.
Foreign nationals who wish to enter the US with a visa have even fewer rights at the border. If they are refused such checks, the US may not allow them to enter.
If you are entering the US, the best way to protect your devices from CBP is to limit what is on them. It is advised to travel with as little data as possible when crossing the border.
Before traveling, make sure to encrypt your devices and use a strong password. Travelers should disable biometric logins such as Face ID. Some courts have ruled that police cannot force you to give them your password, but they can use biometrics to unlock your phone.
The EFF recommends that travelers upload their data to the cloud and delete it from their devices to limit what can be found during a routine phone or laptop search. This is because agents can also view your phone’s “recently deleted” files during a basic search. Customs agents will need to put your phone in airplane mode during a basic search. But they can still see any cached emails, text messages, and other communications. The best way to keep this information safe is to back it up to the cloud and completely wipe your phone or laptop. Backing up sensitive or personal data not only prevents others from accessing your device; it also ensures that you won’t lose that data if CBP confiscates your phone or computer. People are advised to turn off their phones when crossing the border or at the airport. Turning off your phone means that when you turn it on again, you’ll need a passcode, and Face ID or other biometric methods won’t work.