If you are traveling internationally—or plan to—here is what you need to know about electronics searches at the border, what rights you have based on your immigration status, and when to speak with an immigration attorney.
Where Can Electronics Searches Happen?
Phone and electronic device searches can occur at any U.S. port of entry, including international airports, land border crossings, and seaports. Customs and Border Protection (CBP) officers work alongside other federal agencies and have authority to inspect travelers and their belongings upon entry into the United States.
Do You Have a Right to Privacy at the Border?
No, at ports of entry, travelers do not have the same expectation of privacy they would inside the United States. CBP officers are legally permitted to search phones, laptops, and other electronic devices, even without probable cause.
What Can Border Agents Search?
CBP officers can search:
- Text messages and WhatsApp messages
- Photos and videos
- Emails
- Contacts
- Applications
- Social media content, profiles, and messages
- Deleted content
Importantly, they may review your social media accounts even if you refuse to unlock your phone using other tools or databases available to them. For example, if you have any public social media accounts, an officer can take your identification and cross reference it online to view your social media activity.
Officers have wide discretion and may look for content they believe raises concerns, including, but not limited to, posts critical of the U.S. government, content related to U.S. foreign policy, or posts involving Israel or other sensitive geopolitical issues. What matters is the officer’s interpretation, not your intent.
How Officers Use Digital Tools Against You
Cellebrite, an Israeli-based digital intelligence company that provides advanced mobile forensics software and hardware, most notably the Universal Forensic Extraction Device (UFED), is a tool that is often used by CBP officers.
Authorities use it to unlock, extract, and analyze data from encrypted smartphones, computers, and other devices, even recovering deleted content to gather evidence in their investigations.
Law enforcement, government agencies, and intelligence sectors use Cellebrite’s technology for several critical reasons, such as:
Bypassing Security: Cellebrite tools can unlock and extract data from iOS and Android devices without needing user passcodes, allowing access to locked phones.
Data Extraction & Recovery: It enables the extraction of enormous amounts of data, including calls, text messages, photos, videos, location data, and deleted files.
Speeding Up Investigations: The platform uses AI to filter and analyze data quickly, helping investigators find relevant evidence (e.g., specific photos or messages) more efficiently.
Forensic Soundness: Tools like Cellebrite Inseyets extract data without altering the original device’s data, ensuring evidence remains admissible in court or against you in an investigation.
Comprehensive Data Management: Beyond phones, it supports analysis of cloud-based evidence, computers, and drones, providing an end-to-end investigative platform.
Different Rights Based on Immigration Status
U.S. Citizens:
U.S. citizens cannot be denied entry to the United States for refusing to have their devices searched, but CBP can detain you for hours and delay your entry if they feel any threat of suspicion. CBP officers may also allow you to enter the U.S. and hold your phone for 24–48 hours. During that time, officers will attempt to unlock your phone using forensic tools such as Cellebrite.
To protect your data and privacy:
- You may power off your phone before you reach customs. In most cases, a phone will require a password when it is being turned on, as opposed to a Face ID
- You may decline to provide your password
- Officers generally need a search warrant to compel you to provide your password
Even so, your device can still be held temporarily.
Green Card Holders (Lawful Permanent Residents):
Green card holders have fewer protections than U.S. citizens.
- If you refuse a phone search, CBP may deny you entry into the United States entirely
- Refusal can trigger questioning about abandonment of residency, admissibility, or other immigration issues
- Detention and secondary inspection are common in these cases
This is especially risky for green card holders with prior criminal issues or arrests, extended time abroad, or pending immigration applications.
Visa holders:
Visa holders have the least amount of rights and protection. If you refuse a phone search, CBP can:
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- Cancel your visa
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- Deny you entry into the U.S.
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- Place you in expedited removal
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- Place you in removal proceedings
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- Remove you immediately
Refusing a search as a visa holder can have serious and permanent immigration consequences.
Can You Protect Yourself in Any Way?
In limited situations, you may assert a privilege telling agents that you are not able to provide them access to your phone because of professional or work related matters, such as:
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- Attorney–client privilege
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- Doctor–patient confidentiality
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- Sensitive professional or proprietary information (for engineers, researchers, executives)
While asserting privilege does not guarantee protection, it may limit how certain information is reviewed and documented. Privilege cannot be asserted over the entire content of your device if you use your device for personal reasons. Officers will request access to unprivileged information during the search.
Why Are These Searches Increasing?
Phone searches are happening more frequently than ever, regardless of immigration status. This trend aligns with expanded enforcement policies, increased deportation efforts, and heightened scrutiny of political and social media content.
Travelers should assume any international entry will include electronic inspection.
When Should You Contact an Immigration Attorney?
You should speak with an immigration attorney before traveling if:
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- You are a green card holder with prior arrests, charges, or long absences
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- You are a visa holder with pending applications or status changes
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- You have asylum or immigration court proceedings pending
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- You have posted political or controversial content online
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- Your work is critical of the United States and its policies
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- You are unsure how a phone search could impact your status
You should contact an attorney immediately if:
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- Your phone is seized
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- You are detained or sent to secondary inspection
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- You are asked to sign documents you do not understand
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- You are denied entry or threatened with removal
If you or a family member have concerns about international travel or border inspections, speak with an experienced immigration attorney before you travel.
For more information on how to protect your data, review this guide.
If you or a family member need information regarding a specific case or the assistance of experienced attorneys fighting for people like you every day, call our 24-7 English/Spanish line at 248-951-2450 or reach out to us at Atiya Law.