The Trump administration cited electronic data, found while examining cellphones, as reason to detain and deport U.S. residents or tourists under its escalating anti-immigration policies.
Why it matters: While electronic checks make up a small percentage of border interactions, people can take measures to generally safeguard their phones and personal information while traveling.
- “When you’re traveling, you really do want to be mindful that there are people that want access to your data and they have ways of getting access to that,” said Randy Rose, the Center for Internet Security’s vice president of security operations and intelligence.
State of play: U.S. Customs and Border Protection has the authority to conduct warrantless device searches at the border, including in international airports, according to the Electronic Frontier Foundation (EFF).
- “Border agents cannot deny a U.S. citizen admission to the country,” an EFF digital privacy guide said. “However, if a foreign visitor declines, an agent may deny them entry.
- “If a lawful permanent resident declines, agents may raise complicated questions about their continued status as a resident.”
- Courts in the U.S. have issued different rulings on device searches at ports of entry, the Verge reported.
Zoom in: Rose said he recommends deleting sensitive information such as licenses, credit card information or photos of children from phones before traveling.
- “Just assume that phone is not going to be yours at some point during your trip,” he said. “What are you comfortable with somebody else having access to?”
Zoom out: General security practices include avoiding open wifi networks, which could potentially be unsecured, and not plugging phones into power adapters rather than directly into USB ports, Rose said.
- Travelers can set up virtual private networks (VPNs) to encrypt personal data and mask a user’s location, he said.
- “The internet was not built with security in mind,” he said. “It was built for open communication, and over time we’ve tacked security on.”
Between the lines: Law enforcement can require people to unlock their cellphones with facial recognition and fingerprint identification, but not with numerical passcodes.
- “A police officer cannot make you input your passcode/password to unlock your cellphone because doing so would force you to produce the contents of your mind, according to Berry Law in Nebraska and Iowa, “The Fifth Amendment protects against this type of self-incrimination.”
- Providing fingerprints is not considered a “testimonial act,” per ESS Law Partners in Houston. Sharing a passcode reveals “explicit knowledge” and is therefore testimonial.
By the numbers: U.S. Customs and Border Protection conducted 47,047 searches of electronic devices, which made up fewer than 0.01% of arriving passengers in fiscal year 2024.
- Of those, abut 10,500 were U.S. citizens and 36,500 were non-U.S. citizens. Basic media searches were conducted on 42,725 devices and advanced media searches on 4,322 devices.
Go deeper: Tracking the foreign nationals detained by ICE as tourists or U.S. residents