Digital inspections at the border hurt our privacy.

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U.S. Customs and Border Protection is increasing digital inspections at the border of laptops, tablets, and mobile devices. 

U.S. Customs and Border Protection (CBP) inspects at U.S. border entry points for years without a reasonable suspicion. This dramatic increase is now palpable.

CBP conducted about 8,500 electronic device searches at the U.S. border in fiscal 2015. By fiscal 2025 CBP searched 55,424 devices.

Sometimes CBP has confiscated electronic devices for days, weeks, or even months to perform detailed forensic analysis.

The Administration has increased border searches of travelers’ electronic devices as they enter the U.S.

In fiscal 2026, the Trump Administration drastically increased border searches of electronic devices. CBP officers searched 52,060 electronic devices, nearly the same total as in the entire last fiscal year. CBP will have searched an astounding 69,413 electronic devices in fiscal 2026. It is a 25.2 percent increase in the last year alone.

Travelers’ mobile phones often contain their most private and personal data.

While those searched are a small percentage of the travelers’ devices that enter the U.S. annually. Don’t tell that to the people whose private information was laid bare to CBP officers. This includes family photos, private work data, and personal health information. Social media posts, personal passwords to banking and other financial accounts are also laid bare. Private legal messages that pierce the attorney-client privilege, and private messages with family and friends, etc.

Inspection of electronic devices by CBP at the border fall into two categories; basic and advanced. According to CBP, basic searches involve CBP officers only scrolling through travelers’ phones to scan their photos, work data, social media posts, messages, etc.

Basic searches are bad enough, but advanced searches use forensic tools to analyze travelers’ most personal data.

Those searches are bad enough. Advanced searches use forensic tools to copy, scan, and deeply analyze the device’s data. According to CBP, advanced searches generally require at least reasonable suspicion. If travelers refuse to give CBP officials a device passcode or password. CBP will often trigger the device’s seizure and comprehensive examination. Travelers will likely face a significant delay of up to a month or more before the device is returned. According to CBP records, they conduct an advanced search on about 8.8 percent of the devices examined.

While in the U.S., citizens and foreign nationals are supposed to be protected by the Fourth Amendment of the U.S. Constitution from unreasonable governmental searches and seizures, as well explained in a Congressional Research Service report, historically there has been a border search exception to the Fourth Amendment, including all ports of entry.

Experts are questioning electronic device searches at the U.S. border that are not supported by reasonable suspicion.

Due to the personal and sensitive information contained on most electronic devices in use today, many legal experts have raised the question about border searches of electronic devices and if CBP shouldn’t be required to have at least a reasonable suspicion to search the devices at the border.

In United States v. Touset (2018), the Eleventh Circuit Court of Appeals held that forensic searches of electronic devices at the border are constitutional without a warrant, probable cause, or reasonable suspicion, On the other hand, in United States v. Cotterman (2018), the Ninth Circuit said that there needs to be reasonable suspicion to do a forensic search of electronic devices. It equated such searches of electronic devices to a “computer strip search.” To date, the Supreme Court hasn’t ruled on searches of electronic devices at the border.

For decades, travelers have been almost paranoid about crossing the borders of Russia and China. Now many international travelers have added the U.S. to the list due to the Trump Administration’s aggressive inspection program. In recent years, Australia and New Zealand have joined the U.S., China, Russia and other nations in examining travelers’ “electronic lives,” at their borders.

There are measures that travelers can take to protect their digital privacy.

Sanitize your device:
It may seem drastic to some travelers, but after you back-up everything from your electronic devices, delete all non-essential information that you won’t need while traveling. That includes messages, documents, emails, bookmarks, contacts, calendar, and even apps and their data.

At this point in time, based on the prosecution of Samuel Tunick, an Atlanta activist potentially facing five years in federal prison. He knowingly wiped the data from his mobile phone while he was being questioned by CBP. For now, sanitize any electronic devices before you reach the U.S. border. Apparently, Mr. Tunick used a duress passcode that wiped his phone.

Lock it; encrypt it:
On your laptop, tablet, and mobile phone, don’t make it easy for CBP to view/copy your data. My laptop computer uses a complex, lengthy passphrase to access its encrypted hard drive. On my tablet and mobile phone I use a six digit pin, not nearly as easy to break into compared to four digit pin. I turn off Face ID and disable Siri access when my iPhone is locked. If my devices used a fingerprint ID, I’d turn it off too. Apparently CBP can compel you to biometrically unlock your phone and other electronic devices, but they can’t force you to reveal a password or passphrase.

Make sure all your devices are off when entering the U.S. That way, CBP will be forced to use the password/passphrase to unlock them.

Refusing to give CBP your passwords/passphrases will likely result in U.S. citizens being detained. They will have their electronic devices confiscated, while foreign nationals will likely be refused entry into the U.S.

Be aware that, as a U.S. citizen, if you refuse to give up your passwords/passphrases, you’ll likely be detained for a while by CBP. Your electronic devices will likely be confiscated for a time. If you’re not a U.S. national, CBP will probably refuse you entry to the U.S. if you don’t allow them to access your devices.

Get your email and data as well as surf the web remotely, as needed:
When traveling internationally, remotely connect to your home/office computer through a VPN (virtual private network) connection. I use a subscription service so it’s easy to connect this way. When connected remotely, my emails, documents, web surfing, etc. are never on my laptop. If my laptop is examined at the border, there’s nothing of value on it for CBP agents to see or for me to lose.

Consider a travel smartphone or burner phone:
More than a few frequent international travelers I know own a second smartphone for use while traveling. They’ve taken advantage of those, two for one smartphone special offers that cell providers often advertise. They keep their travel smartphone “clean” only keeping a minimal amount of information on it, essential to their travel.

Don’t store private, confidential information on your electronic devices while traveling internationally.

Use the cloud:
For documents you might need while traveling that would normally be stored on your cellphone or laptop, store them in the cloud for access via the Internet while on the go. If you need to store them temporarily while on the go, delete them from your device immediately after use. Always use a secure VPN connection to download documents.

When traveling internationally, visitors should understand that if they refuse to hand over their electronic devices, they’ll likely be denied entry to the country they want to visit and sent home, possibly after time in detention. If you’re a U.S. national, after questioning, you’ll be permitted to enter the U.S. If your electronic devices are “clean” rather than ruin your trip, consider allowing government agents to review your data, since there would be nothing of value for them.