Electronic Device Searches by CBP – What to Know

CBP officers have broad authority to inspect electronic devices at U.S. Ports of Entry. They may randomly select you for a basic or advanced search of all devices, including full data downloads. If you are asked for a password to unlock your device, your response might depend on your legal status in the United States. U.S. citizens cannot be denied entry to the United States for refusing to provide passwords or unlocking devices. However, refusal to do so might lead to delays, additional questioning, or officers seizing your device for further inspection.

The same should be true for those who have previously been admitted to the U.S. as lawful permanent residents and have maintained their status; their green cards cannot be revoked without a hearing before an immigration judge.

Visa holders and tourists from visa waiver countries, however, run the risk of being denied entry if they refuse to provide a password, and they should consider that risk before deciding how to proceed. If an officer searches or confiscates your laptop or cell phone, it is advised to request a receipt for your property.

Social Media and Online Presence: What to Watch Out For

CBP officers may be reviewing social media accounts and private messages for any inconsistences with your stated purpose of entering the United States. This may include questioning whether you really are entering the United States as a tourist if your LinkedIn profile indicates that you are open to work. Work visa holders should also ensure that their online social media profiles are consistent with their actual CVs and resumes that were submitted to U.S. government agencies such as USCIS or US consular posts. Also note that content perceived as critical of the U.S. presidential administration or its stated objectives can be flagged as reasons for further questioning or deportation. This can include examination of donations and “likes” on social media. We recommend reviewing the Electronic Frontier Foundation’s Border Search Pocket Guide prior to travel so that you can be aware of your rights, as well as the extent of the government’s authority to conduct searches at U.S. Ports of Entry.

If you have any questions about the topics above, please reach out to your McCown & Evans attorney for more information.