Can Border Agents Search Your Phone?

Yes, border agents can search your devices, including but not limited to phones, laptops, and cameras, when entering or leaving the United States. These searches fall under the “border search exception,” a judicially derived exception to the Fourth Amendment allowing CBP officers to conduct warrantless searches of travelers’ devices. Though aspects of this exception have been successfully challenged in court in Massachusetts and New York , assume that if you travel with an electronic device, you may be asked to present it for a search.

Travelers can refuse if a border agent asks to search their phone. Refusal of a search realistically amounts to a refusal to unlock your device for CBP—devices may still be seized and searched via specialized equipment after refusal.

If your device is seized, CBP can hold it for up to five days . However, this policy is flexible and influenced by many extenuating circumstances, leaving some travelers without their devices for weeks or months. Before leaving the airport, make sure to get a receipt for your device with the contact details for follow-up.

The consequences of this refusal are largely determined by citizenship status. If you are a U.S. citizen and refuse a search, your device may be seized, and you may be detained for additional questioning. However, CBP cannot deny U.S. citizens entry into the country based on their refusal.

While Green Card holders cannot be denied entry based on their refusal, their situation carries a higher risk. The American Civil Liberties Union (ACLU) of Texas advises:

The same should be true for those who have previously been admitted to the United States as lawful permanent residents and have maintained their status — their green cards can’t be revoked without a hearing before an immigration judge. If you are not a citizen and are concerned about having your devices searched, you should consult with an immigration lawyer about your particular circumstances before traveling.

Visitors and other visa holders may be denied entry to the country if they refuse a device search.

If you consent to a search, CBP may proceed with two types of searches: basic or advanced. An advanced search, as defined by the Customs and Border Patrol (CBP) website, is “any search in which an officer connects external equipment to an electronic device not merely to gain access to the device, but to review, copy, and/or analyze its contents."

A basic search is "any border search of an electronic device that is not an advanced search” and typically involves a CBP agent manually scrolling through the device’s contents. CBP agents may only access locally stored data and are not permitted to search data stored exclusively in the cloud.

The data noted or extracted during a search can live in the CBP's system for up to fifteen years. This data is searchable and accessible by the CBP, other governmental agencies, and, if relevant, external experts.

Luckily, you can take a few precautions to protect your private personal or work data stored on your devices.

Lock your phone with a strong alphanumeric pin longer than four characters. Under the Fifth Amendment, border agents cannot compel you to open a password-locked device. In contrast, biometric data like FaceID and fingerprints have fewer constitutional protections, allowing the CBP to compel you to unlock your device through those means. Other precautions to take include:

Keep your phone in airplane mode, powered down, and packed away in your bag—you can even print your boarding pass and necessary paperwork to eliminate the need to turn on your device altogether. If you consent to a search, try to enter the password yourself rather than say it out loud, and make sure to change your password as soon as possible afterward.

An option for those deeply concerned with data privacy is to invest in a travel-specific phone and download and use only the apps and accounts relevant to your trip. Data expert Sophia Cope warns against paring back your apps too far in a recent interview with the Washington Post, citing that a blank phone can incite unnecessary suspicion.