What travelers need to know about CBP mobile device searches

YUMA, AZ (AZFamily) — U.S. Customs and Border Protection officials are enforcing a policy that permits them to search travelers’ cell phones.

Immigration officers can legally inspect electronic devices without a warrant or any suspicion, allowing officers to search phones, laptops, and any digital devices for information. While this policy has been in effect for years, immigration attorney Darius Amiri with Rose Law Group in Scottsdale said he’s hearing about it happening more often.

“You are definitely hearing a lot more negative encounters of people seeking admission,” said Amiri.

Stories are now surfacing of visa holders being deported after immigration officials flagged photos and videos on their devices.

“This administration is often acting very aggressively and sometimes outside of the scope of the law,” said Amiri.

He warns that travelers, especially visa and green card holders, should be mindful of what’s on their phones.

“You don’t have the same protections that you do as a U.S. Citizen, and they’re going after people so be aware of the fact that they might give you a hard time,” Amiri said.

CBP claims searches are rare. Less than 0.01% of arriving international travelers had their devices searched. However, that’s about 47,000 device searches that happened at the border, with over 10,000 involving U.S. citizens.

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Amiri said most U.S. citizens have nothing to worry about. Under law citizens cannot be denied entry to the country but refusing a search could result in detention, device seizure and travel delays.

“If your connecting flight is in an hour and you’re detained for four hours you can miss your flight, get separated from your family and have to pay thousands in rebooking fees,” he said.

Travelers should know that anyone entering the U.S. is subject to a device inspection. You are also not required to share your password but refusing could result in devices being seized. Non-citizens and visa holders who refuse to comply may be denied entry. U.S. citizens can refuse to answer questions beyond identity and travel, but it may cause delays.

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