How to Block Your Phone When Crossing the US Border
In recent weeks, there has been growing focus on travelers being harassed at the U.S. border with their digital devices searched and, in some cases , being denied entry because of what was found . So it’s worth keeping in mind that when you come into the United States from abroad, law enforcement will pull you aside and ask you to search your phone, computer, and other electronics.
Of course, there are serious privacy concerns associated with giving them access to this data, but there is no easy answer to whether you should do it. Here’s what you need to know about protecting your digital privacy when crossing the US border.
Can my device be searched at the border?
U.S. Customs and Border Patrol (CBP) has long had the ability to conduct warrantless searches of electronic devices at the U.S. border, although the rules governing those searches have changed over time. Until 2018, CBP allowed agents to search any device at random, even if they did not suspect the traveler of any wrongdoing.
The new policy, released in January 2018, amended it to allow “basic” or manual searches – tapping the device and opening files or apps on your device in airplane mode – at any time, while requiring “advanced” forensic searches, which use other devices or data analysis software to have reasonable suspicion. (There is a wide “national security” loophole for advanced searches.)
However, according to a report by The Verge , this is complicated by the fact that courts across the US have issued different rulings on border searches, so whether you can be subject to basic and enhanced searches may vary depending on your port of entry.
But as an analysis from the Electronic Frontier Foundation (EFF) notes , any device search is intrusive and violates privacy, since manual searches can still reveal everything from to-do lists and family photos to sensitive information such as medical records and financial data.
So what can you do? If you are a US citizen, you cannot be denied entry into the country even if you refuse to unlock your device, although CBP may temporarily detain you or confiscate your device and hold it for weeks or months. Legal permanent residents (green card holders) have the same right of entry, while visa holders and tourists may be denied entry if searches are denied.
Additionally, law enforcement may require you to unlock devices using biometrics, but cannot force you to enter passcodes or passcodes.
What has changed?
While there have been recent reports of travelers, including those with valid visas, being detained or denied entry into the U.S., EFF senior attorney Sophia Cope says CBP has always been an aggressive agency when it comes to inspecting devices, so little has changed in that regard.
“What’s a little different is that the U.S. government, especially with non-citizens, seems to be much more aggressive in wanting to check people’s devices and actually just denying them entry into the United States even if they have a visa,” she says.
Device searches have also been steadily increasing year over year (with a few exceptions), so this isn’t new either. In FY 2024, CBP conducted 47,047 border electronics searches, 4,322 of which were forensic searches, with the majority (36,506) of devices belonging to noncitizens. That’s less than 0.01% of international arrivals, although it’s a big jump from the 19,051 total device searches conducted in fiscal year 2016.
How to assess your risk
Cope recommends that anyone waiting to cross the border assess the risk of being searched and decide in advance whether to undergo secondary screening, rather than trying to figure it out in a stressful situation in real time. Some risk factors are related to you personally, others are related to the technical aspects of your devices and data.
Immigration status is one of the most important factors to consider, Cope said. For US citizens, secondary screening is inconvenient and may result in travel delays, and failure to locate a device may result in temporary loss of access to data as well as loss of ownership of devices that you may have to replace. For visa holders or non-citizens, data found on your device and failure to complete a search may be used to deny entry. For green card holders, actions at the border can be used to challenge legal status.
There are many other issues to consider when determining risk and how to conduct a search:
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Travel history
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History of Law Enforcement
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Tolerance of confrontation
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Privacy Philosophy
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Privacy of data on your device (such as sensitive sources or patient information)
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Data access needed while traveling (and do you have a backup in case of data loss if your device is confiscated)
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Availability of the Internet while traveling to access cloud services
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Device ownership (for example, personal or work)
Steps to Protect Your Digital Privacy
At all levels of risk, the easiest way to protect your privacy is to limit the amount of data you carry across borders.
The EFF advises leaving unnecessary devices at home. You may want to consider selectively deleting sensitive or extraneous data, or moving it to the cloud to be re-uploaded after crossing the border (or on another device if yours is confiscated). You should also log out of apps and browsers that provide access to cloud data and online accounts, including social media, and delete any saved credentials or temporarily uninstall apps.
Alternatively, you can purchase a separate phone or computer that has only what you need while traveling, although this may not be feasible for some due to the cost or logistics of carrying additional devices. In addition, using a blank burner phone with no data at all may raise suspicions during a search.
You should also back up your data and encrypt your device using full-disk encryption, protected by a strong password. Instead, disable biometrics and password-lock your device, and turn off your devices before arriving at the border to block high-tech attacks. The Intercept has a helpful guide to encrypting your devices, as well as other digital privacy best practices.
If you do a search and need to enter a password, do it yourself rather than sharing it with an agent, and be sure to change it once your device is returned.
Finally, while it is tempting, completely wiping your device may raise suspicion if you are searched, and attempting to hide the data could be interpreted as lying to border officials, which could be a crime.