Travelers entering the US face warrantless digital device searches at borders, with non-citizens particularly vulnerable to refusal of entry if they decline to unlock their phones or laptops.
At a Glance
- US border agents can search digital devices without warrants under the “border search exception” to the Fourth Amendment
- Non-citizens may be denied entry for refusing device access, while US citizens cannot be denied entry but may face device seizure
- Border device searches increased to over 41,000 in 2023, raising privacy concerns
- ACLU is challenging these practices in court, comparing device searches to “searching someone’s home”
- The 2026 FIFA World Cup is expected to heighten these concerns with increased international visitors
Border Agents’ Expanding Digital Search Powers
Customs and Border Protection (CBP) officers assert broad authority to search all electronic devices at US ports of entry without suspicion of criminal activity. This power extends to all travelers regardless of citizenship status, with officers able to review text messages, emails, photos, social media accounts, and browser history. The practice stems from the “border search exception” to the Fourth Amendment, which has traditionally allowed for searches of physical belongings without warrants at international borders.
The scope of these searches has expanded significantly in recent years. CBP reported conducting over 41,000 device searches in 2023 alone, representing a substantial increase from previous periods. These searches can be either “basic” or “advanced,” with the latter involving connecting external equipment to the device to review, copy, or analyze its contents. Devices can be detained for up to five days, with extensions possible under “extenuating circumstances.”
“It’s like searching someone’s home. It’s like searching the entire contents of someone’s mind.”, said Esha Bhandari.
Different Consequences for Citizens and Non-Citizens
The consequences of refusing a device search differ dramatically based on citizenship status. US citizens cannot legally be denied entry into their own country for refusing to unlock their devices, though they may still face extended detention, questioning, or device seizure. Non-citizens, however, face a much starker choice: comply with device search demands or risk being denied entry altogether. This creates a particularly vulnerable position for international visitors who may feel compelled to surrender their privacy to gain entry.
Legal experts advise travelers to enter passwords themselves rather than disclosing them to agents, and to change all passwords after crossing the border. CBP policy technically prohibits agents from accessing cloud-stored data, but any information cached or stored directly on devices remains accessible. Those with sensitive information are increasingly advised to travel with minimal data, use travel-only devices, encrypt information, or store sensitive data exclusively in cloud services.
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Legal Challenges to Border Search Authority
The American Civil Liberties Union (ACLU) is actively challenging the government’s position in court. In a case before the Second Circuit Court of Appeals, the ACLU argues that searching digital devices should require warrants, citing the Supreme Court’s decision in Riley v. California, which established heightened protection for cellphone searches during arrests. The ACLU maintains that digital devices contain unprecedented amounts of personal information and should be treated differently from traditional luggage or physical possessions.
“The Supreme Court in Riley v. California established this principle 11 years ago and explained exactly why cellphones are qualitatively and quantitatively different.”, said Brian Spears.
Government attorneys counter that existing case law doesn’t require warrants for border searches of digital devices, pointing to national security concerns and the longstanding exception for border searches. Judicial responses have been mixed, with some judges questioning why the government doesn’t simply obtain warrants when seeking to search devices. Other judges have expressed skepticism about providing greater protection for digital property than for physical body searches.
2026 World Cup Amplifies Concerns
The upcoming 2026 FIFA World Cup, to be hosted across the United States, Mexico, and Canada, will bring millions of international visitors to American borders. This massive influx of travelers will likely increase the frequency of digital device searches and heighten concerns about privacy and tourism impacts. Travel industry analysts are already noting potential negative effects on US tourism due to stringent border practices, with projections suggesting possible losses in international travel spending.
Political expression on social media has become an additional concern for international travelers. Some visitors have reported interrogation about their political views stored on their devices, including positions on American politics and international conflicts. Legal experts question the extent to which border authorities can restrict non-citizens’ freedom of political expression and whether current practices represent an overreach of authority.
“‘At what point does the US government feel they can overstep in restricting non-citizens’ freedom of political expression, and therefore take that additional step to deny entry? It feels like a stretch on the authority they have, if not an abuse of power.”, said Dr Jennifer Obaseki.
As the courts continue to weigh these issues and international events approach, the balance between border security and digital privacy rights remains in flux, with significant implications for both American citizens and international visitors to the United States.
