Can Border Control Search Your Phone? Understand Your Privacy Rights When Entering the U.S.

• Customs and Border Protection (CBP) officers can search travelers' phones and other electronic devices at U.S. ports of entry
• Travelers can refuse to unlock their devices if they are subject to these searches; however, it might impact their travel
• If a traveler's device is searched and detained, it's important they know their rights, like collecting a Custody Receipt from CBP officers before they leave

As the Trump Administration continues to tighten security at U.S. borders in light of its controversial immigration policies, it’s important for travelers entering the country to understand their rights. 

While all travelers are subject to search by Customs and Border Protection (CBP) officers at ports of entry like the airport, there are certain rights every individual has when it comes to their electronic devices being examined. 

According to CBP's official website, electronic devices being searched by customs officers happen on “rare occasions.” In 2024, “less than 0.01 percent of arriving international travelers encountered by CBP at a port of entry had their electronic devices searched,” per their website.

However, under this year's political climate, travelers may fear increased security procedures that they could be subjected to when entering the U.S. Here’s everything travelers should know if they encounter a situation where their electronic device may be searched. 

Can border control agents search your phone? 

The answer is: Yes, CBP officers can search the mobile phones of all travelers regardless of citizenship, as stated on their website. 

Additional devices that could be lawfully searched include computers and cameras for all travelers crossing the United States border.

“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 U.S. immigration laws,” per the website.

Understand your rights

While devices are required to be presented “in a condition that allows for the examination of the device and its contents,” travelers can refuse to unlock them or share their passcodes with officers.

Even if a U.S. citizen decides to refuse their devices being searched, they cannot be denied entry into the country. However, their device “may be subject to exclusion, detention, or other appropriate action or disposition,” and travelers may face longer processing times.

Foreign nationals who refuse to unlock their device and comply with the search could be denied entry into the U.S.

“CBP may consider the foreign national’s noncompliance and the inability to inspect the device when making admissibility decisions and may take appropriate law enforcement actions,” the website states. 

It’s important to note that passcode information that was given to officers is expected to be “deleted or destroyed when no longer needed to facilitate the search of a given device,” according to the department's website. 

However, CBP is allowed to keep copies of information obtained from a border search of an electronic device even after the search has been concluded if they believe it contains evidence of a violation of law or if the “information relates to immigration, customs, or other enforcement matters.”

Information that was retained following a border search of an electronic device may be “retained in CBP’s Automated Targeting System (ATS) for a period not to exceed 15 years, after which time the records will be deleted.” 

What to expect if your phone is searched

Electronic devices are subject to two types of searches: basic and advanced. 

If an officer calls for your phone or other device to receive a basic search, they are expected to examine and review the contents of the device without using any additional equipment. 

For an advanced search, travelers can expect the officer to connect their device to external equipment “not merely to gain access to the device, but to review, copy, and/or analyze its contents.” This process requires approval from a senior manager based on a “reasonable suspicion of a violation of law.”

Under CBP policy, officers can detain devices for a “brief, reasonable period of time” to perform these searches, either onsite or at another off-site ___location. However, devices can be held up to five days or even longer under “extenuating circumstances.”

If an officer deems it necessary to detain a device, then they are required to issue a completed form called a “Custody Receipt” to the traveler before they leave.