Can customs and border protection search your phone?
International travelers may know U.S. Customs and Border Protection (CBP) can scroll through your phone in a “random search.” But new details paint a picture of broad and messy data collection that puts your privacy at risk.
Can US Customs search Your Electronics without a warrant?
A US Customs and Border Protection officer at Los Angeles International Airport on July 2, 2016. Customs officers are legally allowed to search travelers' personal electronics without a warrant — whether they're visitors or American citizens.
Can US immigration search my cell phone?
Can US Immigration search my phone, laptop, tablet? Short Answer: Yes. Explanation: CBP has the right to search your cell phone, tablet and/or laptop. Information on your electronic device can be used to deny your entry into the United States.
Can the Department of Homeland Security Search your phone without a warrant?
Since 2013, the Department of Homeland Security has claimed legal authority to search your electronic devices without a warrant or probable cause at the U.S. border or international airports.
What is the authority of customs officers?
What airport did CBP check for immigrants?
How far can a CBP search be from another country?
How many searches did the CBP do in 2016?
What does CBP do at the port of entry?
How long can a CBP officer seize a device?
How many air miles can a border patrol officer search?
See 4 more
About this website
Are customs allowed to search your phone?
Anyone who has traveled outside the country may already know that U.S. Customs and Border Protection has the right to search the phones and other electronic devices of anyone entering the country – including U.S. citizens -- without a warrant.
Can U.S. Immigration look at my phone?
Both Citizens And Non-Citizens Are Subject To Searches It does not matter if you are a U.S. citizen, a permanent resident, a visitor, or a visa holder – anyone can be asked to provide their electronic devices and passwords or access codes at the U.S. border.
What do U.S. customs check for?
In fact, the CBP assesses all people who arrive by airplane, overland vehicle, ship or on foot and want to enter the U.S. The job of U.S. customs agents is to search for banned agricultural products and counterfeit goods, but they also are trained to seize street and pharmaceutical drugs, illegal immigrants and ...
Do you have to unlock your phone for customs?
Yes. The government policy states that electronic devices “must be disconnected from the internet before a search is performed,” and that officers can only search information that is stored on the phone itself (and not, for example, only available on the cloud). This applies to both basic and advanced searches.
Does immigration look at your text messages?
It doesn't. The best strategy is simply to assume that anything you post online will be seen and examined by immigration authorities. Some immigration attorneys may even recommend that you refrain from social media use entirely while your visa or green card application is pending.
How do you know if you are flagged by customs?
There are signs that will indicate you have been flagged for additional screenings: You were not able to print a boarding pass from an airline ticketing kiosk or from the internet. You were denied or delayed boarding. A ticket agent “called someone” before handing you a boarding pass.
How do customs decide who to search?
Some customs agencies decide which travellers to search based on random chance. You are asked to press a button on a machine that activates a random number generator. Depending on the number that comes up, either a green light comes on and you can pass through or a red light comes on and the agent searches your bags.
What do CBP officers see on their screen?
The CBP officer will inspect your passport, looking for verification that you've been given permission to be in the U.S., and ask you questions designed to elicit any information that might prohibit you from entering.
What happens if I don't declare items at customs?
Merchandise is declared to CBP. If you do not declare something that should have been declared, you risk forfeiting the item. If in doubt, declare it. You are returning from an overseas stay of at least 48 hours.
Why can't you be on your phone in customs?
It's totally legal for a US Customs and Border Patrol officer to ask you to unlock your phone and hand it over to them. And they can detain you indefinitely if you don't. Even if you're a American citizen. The border is technically outside of US jurisdiction, in a sort of legal no-man's-land.
Can you refuse to unlock your phone?
THE ANSWER No, the police can't require you to unlock your phone without a search warrant. But even when police have a warrant, some courts have ruled that your cellphone password is protected by the Fifth Amendment and you cannot be compelled to share it.
Will US Customs check my laptop?
The short answer is, no. Customs and Border Protection do not need a warrant or probable cause to search your phone or laptop. Since 2013, the Department of Homeland Security has claimed legal authority to search your electronic devices without a warrant or probable cause at the U.S. border or international airports.
What do U.S. immigration officers see on their screen?
The CBP officer will inspect your passport, looking for verification that you've been given permission to be in the U.S., and ask you questions designed to elicit any information that might prohibit you from entering.
Does immigration check your social media?
Don't just think that because USCIS officials said in Washington, that they don't check social media, that they don't in fact. Another way that this can become an issue is when people come through customs. A lot of times, customs officials will ask to look at your laptops, or ask to look at your cell phone.
Do they check phones at airports?
According to communications from the TSA, the agency, “does not search electronic devices for electronic content that may be contained on the device, and does not extract data from passenger electronic devices.” Electronic devices would mean things like phones, laptops, cameras, tapes, external hard drives, etc.
Will U.S. Customs check my laptop?
The short answer is, no. Customs and Border Protection do not need a warrant or probable cause to search your phone or laptop. Since 2013, the Department of Homeland Security has claimed legal authority to search your electronic devices without a warrant or probable cause at the U.S. border or international airports.
Border agents can search phones freely under new circuit court ruling
A First Circuit appeals court has overturned an earlier victory against suspicionless phone searches at the border, dealing a legal defeat in a lawsuit including NASA scientist Sidd Bikkannavar.
What happens if a foreign visitor doesn't comply with immigration?
If a foreign visitor doesn't comply, agents may deny them entry, EFF says. SPARK. PIN pushing: how border officials can get into your phone . U.S. Customs and Immigration officers use their own phones at the arrivals level at Los Angeles International Airport on June 29, 2017.
How to detain a device?
To detain a device, officers must fill out a form. —Sensitive info: Lawyers can claim attorney-client privilege, citing which specific files are sensitive, and the officer must consult with customs legal counsel and the U.S. attorney's office to determine which files should be isolated from the regular search.
How long can a police officer detain a device?
—Detention: If they can't access a device, officers can detain it for a multi-day period. Detentions beyond five days must be approved by management. To detain a device, officers must fill out a form.
Do you have to be notified of the purpose of a search?
Travellers must be notified of the purpose for a search. There are national-security exceptions on those rights. But travellers must be given information on where they can complain. Searches must be documented, with statistics kept and regularly published.
Can customs examine cellphones?
Senate hearing this week, the country's secretary of homeland security was pressed to explain a new policy that allows customs agents to examine the cellphones of travellers at the border.
Can border guards search your phone?
U.S. Customs and Border Protection issued a new directive that sets new limits on border agents accessing travellers' phones, establishing criteria for when they can demand passwords, conduct extensive searches, like downloading documents stored in the cloud, ...
Does CBC publish comments?
By submitting a comment, you accept that CBC has the right to reproduce and publish that comment in whole or in part, in any manner CBC chooses. Please note that CBC does not endorse the opinions expressed in comments. Comments on this story are moderated according to our Submission Guidelines. Comments are welcome while open. We reserve the right to close comments at any time.
How does the government policy define “electronic device”?
The policy defines “electronic devices” broadly to include not only laptops and cell phones, but also “any device that may contain information in an electronic or digital form.” The amount of information that can be held on one of these devices — including financial information, biometric information, contact information, and more – could be far more than a person might find by physically searching someone’s home.
How does the government policy define what a “search” is, and how it can be conducted?
The policy describes two types of searches: “basic” and “advanced” searches.
Does the government policy allow officers to keep my device?
Yes. Government officers are permitted to “detain electronic devices . . . for a brief, reasonable period of time to perform a thorough border search.”
Does the government policy impose any limits to what information can be accessed on an electronic device?
Yes. The government policy states that electronic devices “must be disconnected from the internet before a search is performed,” and that officers can only search information that is stored on the phone itself (and not, for example, only available on the cloud). This applies to both basic and advanced searches.
How long can a CBP officer detain a device?
A CBP officer may detain an electronic device, or copies of information contained within, for a “brief, reasonable period of time” to perform a thorough border search “as expeditiously as possible.” Unless “extenuating circumstances” exist, the detention of devices ordinarily should not exceed five days. However, nothing precludes CBP from detaining an electronic device for a much longer period by claiming that “extenuating circumstances” exist.
Can CBP search your phone?
Explanation: CBP has the right to search your cell phone, tablet and/or laptop . Information on your electronic device can be used to deny your entry into the United States. For example, if you are traveling in under ESTA, also known as Visa Waiver and say to the CBP officer that you are visiting friends or family, they have the option of looking at your cell phone to make sure this is true. If upon review of your electronic device the officer finds emails, text message etc. discussing a job interview you have booked then; CBP may deny your entry into the United States based on these findings. Furthermore, On January 4, 2018, United States Customs and Border Protection updated its official policy on border searches of electronic devices. The new policy directive issued thus supersedes CBP’s prior policy directive, which was issued on August 20, 2009. The New Directive addresses some, but not all, of the issues that arise in relation to border searches of electronic devices.
Does the CBP require a passcode?
The Prior Directive did not specifically address US Immigration (specifically United States Customs and Border Protection’s) handling of passcode-protected or encrypted information. The New Directive now states that a CBP officer may request the traveler’s assistance in presenting electronic devices, and information contained therein, in a condition that allows inspection of the device and its contents. Therefore your password (passcode) or other means of access may be requested and retained as needed to expedite the examination of your electronic device or devices (and their contents).
How many devices did the CBP search in 2018?
The motion cites statistics that state that the CBP searched 33,295 devices in fiscal year 2018, up 9% from the prior fiscal year and up more than six-fold from fiscal year 2012.
What does CBP stand for in immigration?
The groups filed documents and deposition testimony that they say reveals that the U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) authorize border officials to rifle through travelers’ phones and laptops for general law enforcement purposes and consider requests from other government agencies when deciding whether to conduct such warrantless searches. These could include searches to enforce bankruptcy, environmental, and consumer protection laws, and for intelligence gathering or to advance pre-existing investigations.
Can you get a laptop without a warrant?
U.S. customs can seize your laptop or phone without a warrant. Advocates cry foul in court. U.S. border agents can seize your laptop or smartphone when you reenter the country after traveling abroad, and do so without a warrant. Privacy advocates think the practice violates your constitutional rights. On Tuesday, the Electronic Frontier Foundation ...
Can border agents seize your phone?
U.S. border agents can seize your laptop or smartphone when you reenter the country after traveling abroad, and do so without a warrant . Privacy advocates think the practice violates your constitutional rights. On Tuesday, the Electronic Frontier Foundation (EFF) and American Civil Liberties Union ...
Can you search your phone without a warrant?
Since 2013, the Department of Homeland Security has claimed legal authority to search your electronic devices without a warrant or probable cause at the U.S. border or international airports.
Can you sanitize your own device?
If you must take your own device, “sanitize” it by backing up the information and removing all information not needed during your travels, including saved logins and other credentials. Note that simply deleting, or moving files to the trash or recycle bin isn’t sufficient. Trashed files are easily recovered unless securely deleted (MacOS only. See this How-To-Geek article for a secure delete option for Windows ).
Where is the exception for unauthorized entry?
The exception is primarily intended for finding contraband or unauthorized entrants, but it applies to federal agents working within 100 miles of the US border — an area that covers most metropolitan areas.
Who is the scientist who was detained and pressured to unlock a secure government-issued phone?
The group includes Sidd Bikkannavar, a NASA scientist who was detained and pressured to unlock a secure government-issued phone. Most of the incidents date to 2017, when then-President Donald Trump pushed for tighter border security alongside travel bans and other restrictions.
Can you do a border search without a warrant?
Appeals courts have issued conflicting opinions on how electronic devices fall under the “border search exception,” a rule allowing warrantless searches that might otherwise be unconstitutional. Customs officials are able to conduct basic searches without “reasonable suspicion,” and they can conduct basic and advanced searches without obtaining a warrant. The exception is primarily intended for finding contraband or unauthorized entrants, but it applies to federal agents working within 100 miles of the US border — an area that covers most metropolitan areas.
What to do if you expect to encounter issues at the border?
If you expect to encounter issues at the border, Wessler said, it would help to carry a signed letter from your attorney saying he or she would represent you.
How common is it?
The number of devices agents are looking through is increasing, according to CBP data and the ACLU and Electronic Frontier Foundation's lawsuit:
Can CBP seize phone without warrant?
As CBP outlines in a tear sheet it provides to people at the border, federal agents can seize and search your phone without a warrant and even make a copy of it to have forensic experts analyze its contents off-site.
Can border agents do a cursory search?
The 9th US Circuit Court of Appeals — covering Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington — has ruled that border agents must demonstrate a "reasonable suspicion" of criminal wrongdoing before doing a full forensic search of electronic devices, in which they download and analyze the full contents. They can do a cursory search, however, in which they thumb through the phone, without that suspicion.
Can a US citizen be refused entry?
If you are a citizen or a legal permanent resident, they have to let you back into the country eventually. If you are not a citizen, border agents can refuse your entry to the US.
Can you refuse to give them your phone?
A CBP officer checking the passport of a nonresident visitor to the US at McCarran International Airport in Las Vegas in December 2011.
What is the authority of customs officers?
Customs officers have the statutory authority “to demand the assistance of any person in making any arrest, search, or seizure authorized by any law enforced or administered by customs officers, if such assistance may be necessary.” That statute has traditionally been invoked by immigration agents to enlist the help of local, state and other federal law enforcement agencies, according to Nathan Wessler, a staff attorney with the ACLU’s Speech, Privacy and Technology Project. Whether the statute also compels individuals being interrogated by border officials to divulge their passwords has not been directly addressed by a court, Wessler said.
What airport did CBP check for immigrants?
Last month, CBP agents checked the identification of passengers leaving a domestic flight at New York’s John F. Kennedy Airport during a search for an immigrant with a deportation order. And in October, border agents seized phones and other work-related material from a Canadian photojournalist.
How far can a CBP search be from another country?
Federal statutes and regulations empower CBP to conduct warrantless searches for people travelling illegally from another country in any “railway car, aircraft, conveyance, or vehicle” within 100 air miles from “any external boundary” of the country.
How many searches did the CBP do in 2016?
During the 2016 fiscal year, CBP officials conducted 23,877 electronic media searches, a five-fold increase from the previous year. In both the 2015 and 2016 fiscal years, the agency processed more than 380 million arriving travelers.
What does CBP do at the port of entry?
This blanket authority for warrantless, routine searches at a port of entry ends when CBP decides to undertake a more invasive procedure, such as a body cavity search. For these kinds of actions, the CBP official needs to have some level of suspicion that a particular person is engaged in illicit activity, not simply that the individual is trying to enter the U.S.
How long can a CBP officer seize a device?
With a supervisor’s sign-off, CBP officers can also seize an electronic device — or a copy of the information on the device — “for a brief, reasonable period of time to perform a thorough border search.” Such seizures typically shouldn’t exceed five days, although officers can apply for extensions in up to one-week increments, according to CBP policy. If a review of the device and its contents does not turn up probable cause for seizing it, CBP says it will destroy the copied information and return the device to its owner.
How many air miles can a border patrol officer search?
Border officials, for instance, have search powers that extend 100 air miles inland from any external boundary of the U.S. That means border agents can stop and question people at fixed checkpoints dozens of miles from U.S. borders. They can also pull over motorists whom they suspect of a crime as part of “roving” border patrol operations.
