Table of ContentsWill US Customs Agents Search Your Phone?Do You Have to Let US Customs Agents Search Your Phone?What Are CBP Agents Looking for?What Should I Do if My Device Is Seized?Assess Your Privacy Risks While TravelingBefore Crossing the Border, Do ThisStay Safe While Traveling Overseas
Your smartphone probably holds more personal information about you than any other device you own. So the last thing you'd want to do is hand over all that data to a stranger, especially when you're traveling internationally.
The 4th Amendment of the US Constitution prevents "unreasonable searches and seizures" of personal property but the US Customs and Border Protection (CBP) has special authority to search devices crossing US borders via air, land, or sea. According to the CBP, in 2024, electronic device searches affected .01% of travelers at US ports of entry. Of those subjected to searches, more than 36,000 were not US citizens.
Today, phone searches at the US border are happening more often than they did last year. With that in mind, I'll answer a few frequently asked questions about device searches and offer you a pre-travel device protection checklist.
Before I give advice to travelers, let's talk about why border security searches happen. Here's what CBP has to say: "Border searches of electronic devices are often integral to determining an individual's intentions upon entry to the United States and thus provide additional information relevant to admissibility of foreign nationals under US immigration laws."
The statement above is pretty non-specific and quite broad, right? That's why it's important to take these searches seriously. There aren't hard rules for what constitutes benign or malicious intentions. It's entirely up to the border protection officer.
To answer the question above: It depends. Are you a US citizen? US citizens must be let back into the country, so if you refuse a search, agents can let you go home while keeping your phone. Foreign travelers can be turned away at the border if they refuse to comply.
CBP says that if you are chosen for a device inspection and your phone is protected by a passcode or another form of security, "that device may be subject to exclusion, detention, or other appropriate action or disposition. Additionally, the traveler may face longer processing times to allow for CBP to access the contents of the device."
According to CBP, a "basic" electronic device search involves manually searching your phone. An agent can look through your device for just about any reason, but if they feel you or your data may be a "national security concern," they'll ramp up the search.
The next level calls for an "advanced" search, during which agents may connect other devices to your phone to view the data or make copies of it. You can read more about such investigations on the agency's website.
Border security officers cannot access your live cloud data, so it's smart to back up your devices to the cloud before crossing the border. More on that later.
I checked with the Electronic Frontier Foundation's guidelines for this answer, and I highly recommend reading the organization's border search report and printing out their pocket guide for crossing the US border.
If a CBP agent seizes your device, the EFF advises people to request Form 6051D, which is a custody receipt, to claim their device later. Again, US citizens do not have to comply with electronic device searches to enter the country, but foreign travelers do.
With a little preparation before you leave, you may be able to avoid hassle at the border. First, determine what you need to take with you. Do you really require multiple internet-connected devices on your trip? Depending on the nature of your travels, you may be able to get away with taking a burner phone with you instead of a smartphone packed with private data. A freshly wiped Chromebook or a tablet may also be a reasonable swap for a laptop in some circumstances.
Next, perform a personal risk assessment. Do you have a clean criminal record? Are you a US citizen? If you can answer yes to both questions, remember that the likelihood of a device search is pretty low. If you answered no to either of those queries, you may be picked for a search at the border, so be prepared.
Now that we've discussed who you are, let's talk about what you do. Are you an activist, journalist, lawyer, politician, or anyone else who is at high risk for surveillance due to your job or online posts? If so, I highly recommend taking the steps listed below to secure your devices before you leave.
In the spirit of staying prepared, here are some suggestions for things to do to your devices before you travel into or out of the US:
A device search at the US border is not guaranteed, but we know it's happening more often than it has in the past, so it's always wise to take a few precautions to protect your privacy. Check out our other relevant guides, including how to prepare for a protest, turn off location services on your devices, and set up secret phone numbers. For more information about keeping your data to yourself, read our guide to completely disappearing online.