Can Border Patrol Officer check your phone or other devices?
US Customs and Border Guards can pass through your phone, including deleted items on your device.
- US Customs and Border Protection Agents are increasingly testing electronics at borders.
- It is legal to use a burner phone while traveling, but each traveler must assess his or her own risk.
- If the search is rejected, the border agent can confiscate the device.
Burner phones may be one way to avoid scrutinizing your personal data when crossing US borders, even if you don’t hide anything.
Travelers reportedly face higher testing rates when they try to enter the country to comply with directives to strengthen national security. According to the agency, travelers, whether they are citizens or visitors, could be subject to testing.
During a more general basic search, agents are allowed to legally search for information stored directly on electronic devices, such as photos and deleted folders, without a warrant. For those applying for a visa, the Department of Homeland Security must publish their social media profiles for consideration. CBP Deputy Commissioner Hilton Beckham previously told USA Today that he “follows strict policies and directives regarding electronic media searches.”
However, there have been further reports of detention and deportation while legal experts are calling for a “more aggressive” period of enforcement, and questions at the border worry travelers who are afraid that certain content on their mobile phones will annoy them. In April, several major Canadian agencies advised staff to only take burner calls if they need to travel to the US
CBP did not respond to USA Today’s request for comment.
Travelers are facing new fears of more thorough reviews at the border, with some legal experts calling our freedom of expression a “terrifying effect.” To limit what you’ll find during border searches, they may be considering packing burner phones rather than normal ones.
Under this idea, travelers will place their main phone at home and instead bring their secondary phones with minimal personal information stored. Esha Bhandari, assistant director of the American Civil Liberties Union’s speech, privacy and technology project, said the device is “only a travel phone and has very limited functionality.” She added, “We’ve heard anecdotes that some travelers might want to do more of it.”
Here’s what people need to know about traveling by Burner phone:
Is it illegal to travel by burner phone?
No, it is not illegal to use a travel phone, even if you suspect you have an almost empty cell phone. “Initially there are no legal barriers to travel using certain digital information,” Bandari said. Essentially, this means that you don’t need to contain all the information in order for your phone to enter the country.
In fact, one of the government’s legal defenses that argue that these searches are not invasion of privacy is that travelers can control what they have on their devices, according to Bhandari. Some courts have a sidebar argument that it is similar to searching for package content. “So the government itself acknowledges that if you have control over what travelers bring, then that must mean you can travel without a device that has everyday stuff?” she said. Legal organizations like the ACLU and Electronic Frontier Foundation claim that our devices store far more information than that, and make these searches more intrusive.
Should I travel by burner phone?
According to Bhandari, each traveler should perform a risk assessment of their own to determine whether it is beneficial to travel using a secondary device. Some people carry sensitive jobs or personal information on their mobile phones, and they may find it valuable, but those who already have a phone for another job can leave it at home, she continued. “For other travelers, having another device may be ineffective, but you can choose the data you physically hold on your device before you travel.”
Please note that your rights at the border may vary depending on the circumstances of your immigration, so the outcome may differ. Therefore, US citizens and legal residents still need to enter the country, but visitors and non-Visa owners can turn their backs. “Travelers are not obligated to post all their personal information to them,” Bandari said. “But unfortunately, in today’s environment, I think travelers must recognize the risks.”
Despite your immigration status, if you refuse to search for your phone, your agent has the authority to confiscate it for weeks or months.
Other privacy tips at US borders
If you’re still on the fence about traveling on a burner phone, this is what Bandari recommends during a border search:
- Turn off biometric authentication. It’s a legal gray area, but it’s possible that the agent can use the fingerprint or face ID function to unlock the phone. The best protection comes from strong passwords to reduce access.
- You will be logged out of your account. To reduce access as much as possible, log out applications such as Instagram and Email.
- Limit what you save on your device and store everything else in the cloud. “You’re supposed to put your phone or laptop in airplane mode even if you’re targeted for searches and the executives are looking through your device in accordance with their policies,” Bhandari said.
- Disconnect from service and put your phone in airplane mode. Agents are supposed to search only devices offline, but “officials may forget, or overlook,” Bandari said. “If you already have a device in plane mode, they can’t act on what’s on the device.”
This story was updated to update the headlines.
