Recently, U.S. citizens and green card holders have voiced their concerns online about electronic device searches when returning to the United States. Many travelers mistakenly believe TSA agents can search their phones during security checks. In reality, only U.S. Customs and Border Protection (CBP), not the Transportation Security Administration (TSA), has the authority to inspect electronic devices, and only when you’re entering the country, not departing.
These searches are conducted by CBP at ports of entry, not by TSA officers at domestic checkpoints. A TSA spokesperson clarifies, “TSA does not request access to passengers’ electronic devices.” Here is what you need to know about electronic searches when traveling to the United States.
How common are phone searches at the airport?
Device searches remain relatively rare despite growing concerns. In a statement to Afar, CBP Assistant Commissioner Hilton Beckham said, “Claims that CBP is searching more electronic media due to the administration change are false. CBP’s search numbers are consistent with increases since 2021, and less than 0.1 percent of travelers have their devices searched.”
According to CBP statistics found online, out of 420 million arriving international travelers, 47,047 had their electronic devices searched during the fiscal year of 2024. Ninety percent of these were basic searches, where officers manually review content such as apps, photos, or messages without using external equipment. More invasive “advanced searches” involve connecting devices to specialized tools to extract or copy data, even if the device is locked.
Fewer privacy rights at the borders
Unlike in many European Union countries, where digital privacy laws and constitutional protections limit when and how border officials can search electronic devices, CBP agents have broader authority to conduct such searches without a warrant or suspicion.
The legal framework for border searches differs significantly from domestic law enforcement. Legal experts emphasize that all travelers, including U.S. citizens, should have reduced privacy expectations at the borders. Lenni Benson, professor and distinguished chair of immigration and human rights law at New York Law School, says that these diminished rights extend up to 100 miles inland of the border. This means that within 100 miles of the border, CBP can make warrantless stops to search for those without immigration documentation.
Your rights depend on your status
Your rights at the border will depend significantly on your immigration status. Immigration attorney Marina Shepelsky says that CBP can search luggage, phones, and laptops without a warrant. According to Shepelsky, if CBP requests to search your electronic devices, your citizenship status affects what happens if you refuse to cooperate.
- U.S. citizens: Can’t be denied entry for refusing to unlock devices, but the devices may be temporarily confiscated
- Green card holders: May face device confiscation and potential immigration consequences
- Visa holders: May be denied entry and have their visas revoked
Legal representation is also status-dependent. Natalia Polukhtin, an immigration attorney specializing in border law, points out that only U.S. citizens have the right to legal representation at border inspection.
“Permanent residents and visa-holding visitors do not have the right to request an attorney during border screening procedures,” Polukhtin explains. “Visitors can refuse to comply and be denied entry.”
Are you required to provide passwords?
One of travelers’ most common questions is whether they have to share their password with CBP. Shepelsky says that while you’re not legally required to unlock your device or share your password, there is a possibility that your phone will be detained if you don’t. Benson agrees, confirming that refusing to unlock your device may lead to a forensic search, even though there’s no legal obligation to provide access.
CBP policy states, “If the electronic device cannot be inspected because it is protected by a passcode or encryption or other security mechanism, that device may be subject to exclusion, detention, or other appropriate action or disposition.”
Best practices when traveling
International travelers can take several precautions to make border crossings smoother. Benson recommends leaving electronic information off your device and using cloud storage to access it after your trip. She also recommends that those who have been arrested or questioned at the border seek competent advice before traveling. ”A big issue is that we have no digital nomad visa really, and foreign nationals may be careless about working while on holiday in the United States,” says Benson.
Shepelsky says to minimize risk by being mindful of social media activity. “Consider deleting posts or messages that could be misinterpreted or seen as critical of the U.S. administration,” she says. “One way to avoid deleting this content is to scrub your phones prior to travel or leave it at home when traveling and buy a new phone and SIM card in the international destination to be able to communicate.” Indeed, some travelers might carry burner phones when they travel in case of a search.
However, CBP strongly denies that these searches target specific professionals or political views. Assistant commissioner Beckham states: “These searches are conducted to detect digital contraband, terrorism-related content, and information relevant to visitor admissibility, all of which play a critical role in national security. Allegations that political beliefs trigger inspections or removals are baseless and irresponsible.”
Shepelsky also recommends sharing travel details with someone you trust. Non-citizens, in particular, should ensure their loved ones have contact information for an immigration attorney. “If you’re detained or questioned for an extended period, having someone who can reach your attorney quickly can make a big difference,” she explains.
Filing complaints
If you believe your rights were violated during a border search, you can file complaints through CBP’s website. However, Benson warns that the process isn’t always effective, as the offices to receive civil rights complaints have been disbanded. Benson recommends visiting the Electronic Frontier Foundation (a nonprofit organization that defends digital civil liberties) and the American Civil Liberties Union websites for those seeking more information about their digital privacy rights.
