U.S. Customs and Border Protection, Not TSA, Can Search Your Devices

Recent discussions online have highlighted concerns among U.S. citizens and green card holders regarding the search of electronic devices when returning to the United States. Many travelers mistakenly believe that Transportation Security Administration (TSA) agents are responsible for searching phones and other devices during security checks. In reality, only U.S. Customs and Border Protection (CBP) has the legal authority to inspect electronic devices, and these searches occur only at ports of entry when you are entering the country. A TSA spokesperson has made it clear that TSA does not request access to passengers’ electronic devices, emphasizing that the responsibility lies solely with CBP at international arrival points rather than at domestic checkpoints.

Although fears about electronic device searches have been widely circulated on social media and travel forums, the practice remains relatively rare. According to CBP Assistant Commissioner Hilton Beckham, the number of electronic searches has not seen a dramatic surge. In the fiscal year of 2024, CBP statistics indicate that out of 420 million arriving international travelers, only 47,047 had their electronic devices searched. Ninety percent of these were basic searches where officers manually review content such as apps, photos, or messages without employing any external equipment. In contrast, more invasive advanced searches, which involve connecting devices to specialized tools to extract or copy data, are conducted far less frequently, even if the device is locked.

The legal framework at U.S. borders offers officials broader authority compared to domestic law enforcement. Unlike many European Union countries where digital privacy is heavily safeguarded by constitutional protections and strict digital privacy laws, CBP agents operate under guidelines that permit warrantless searches of electronic devices. Legal experts stress that all travelers, including U.S. citizens, should expect reduced privacy rights at the border. For instance, Professor Lenni Benson from New York Law School explains that diminished privacy expectations can extend up to 100 miles inland, where CBP has the power to perform warrantless stops for individuals lacking proper immigration documentation.

The level of scrutiny that travelers face largely depends on their immigration status. Immigration attorney Marina Shepelsky clarifies that while CBP may search your luggage, phones, or laptops without a warrant, U.S. citizens cannot be denied entry for refusing to unlock their devices, though the device may be temporarily confiscated. Green card holders and visa holders, however, might experience more severe consequences, such as device confiscation or even entry denial and visa revocation. Furthermore, only U.S. citizens are entitled to legal representation during these border inspections, as noted by immigration attorney Natalia Polukhtin.

Many travelers ask whether they are required to provide passwords to CBP officers. Shepelsky explains that although there is no legal obligation to unlock your device or share your password, refusal to do so may result in the device being detained. CBP policy states that if a device is protected by a passcode or encryption, it may be subject to exclusion, detention, or other actions. To mitigate potential issues, experts like Professor Benson recommend leaving sensitive information off devices and utilizing cloud storage to access data after travel.

Travelers can also take other precautions, such as reducing social media activity before travel or even carrying a burner phone, to minimize the risk of complications during border inspections. If you believe your rights have been violated during a border search, you can file a complaint through CBP’s website, although some have suggested that existing channels for civil rights complaints are less effective. For additional guidance on digital privacy rights, organizations like the Electronic Frontier Foundation and the American Civil Liberties Union offer valuable resources.

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