It seems surreal to be writing about protecting our personal information when crossing the border. That’s something I haven’t thought about since crossing into China from Hong Kong years ago. But today with our border agents suddenly looking at anyone with a tattoo or strange name as a potential illegal immigrant, it’s possible for any of us to get caught up in their zeal and chaos.
Nevertheless, we should all know what our rights are as U.S. citizens when arriving into the U.S. from another country, especially when we carry computers, phones and tablets with so much of our personal and work information easily accessible. I’m referring to our rights based on the law and am assuming these laws will continue to be followed.
First, you cannot be denied entry – As a U.S. citizen, you cannot be denied re-entry back into the country. That’s your fundamental right — you can always come home.
Your devices can be searched – Upon your entry, you might be stopped, and your devices could be searched without a warrant. U.S. Customs and Border Protection (CBP) agents are permitted to search your phone, laptop, and tablet — including looking through your emails, texts, photos, texts, address book, calendar, and files if they so choose.
Searches are allowed based on the “border search exception” to the Fourth Amendment, where courts have ruled that searches at U.S. borders and airports are “reasonable by default,” even without a warrant or any suspicion.
But here’s the uncertainty. In the past, border agents were searching for signs of terror-related evidence as they combed through the devices. But in recent weeks, it’s been reported that some agents have questioned travelers about anti-Trump material on their devices.
There are two types of device searches they can conduct:
1. Basic Search – Without suspicion: CBP can ask to see your phone and scroll through it.
2. Advanced Search – With some suspicion: Agents can connect your device to a forensic tool to copy the data for further analysis.
If you’re asked to hand over your devices for a search, just do it. If the agent starts questioning you beyond the normal nicities, you are allowed to request a lawyer be present for any questioning. Even though you must hand the devices over, you can refuse to unlock them if you are asked. The agent might return them to you or decide to hold onto them for up to several weeks and you may be subject to further questioning. In that case you will enter the U.S., but leave your devices behind with the agents.
Device options: Remove data, wipe clean, or use throwaway devices
If that gives you pause, you may want to prepare your devices before arriving back to the U.S. to minimize discovery, or, better yet, use devices that you don’t mind leaving behind or even discarding. At minimum, you can turn off your devices’ unlocking options using facial recognition and fingerprint reading, so if you decide not to unlock your device, your right, the agent will not be able to unlock it without a passcode..
If you decide you want to take the devices you use regularly, remove sensitive data stored on them and use cloud services to store your data off the phone and laptop. In that case be sure your are not syncing the device to the cloud. This approach can be a pain to do because once you remove your photos, address book, calendar, chats, etc., the devices may not be very useful. You can also lock selected apps such as messaging, mail, etc. so they will require an additional passcode to unlock. Apple users can follow these instructions.
A second option is to back up your devices and then wipe them clean, restoring them to factory conditions before arriving home. That’s a process we occasionally do when we need to troubleshoot them. Of course you may arouse suspicion when returning with empty devices.
Also, pack away your phone and computer when you come into the customs area. If your phone is not in your hand and visible, it’s less likely you’ll be asked to hand it over.
The Best Solution
A safer and simpler option is to just bring different devices than what you normally use, such as an inexpensive phone and a Chromebook or a used computer. If you don’t have either, you can purchase both for less than $200 from Amazon or eBay and buy a sim card to activate your phone for the time needed. (A Chromebook offers some advantages over a notebook. It’s designed to store minimal data and use Google apps in the cloud.) Before you return you can discard your devices if you have any worries, or if you do enter with them, not be inconvenienced if your devices are seized.
As examples, a 3.5 Inch Mini Smartphone costs $40 from Walmart; A BLU G44 Android phone with a 6.8 inch display is $70 at Amazon, and a renewed Dell Chromebook is $77 on Amazon
These are strange times that are getting stranger by the day. One of the worries among some is DOGE’s effort to combine our personal data from each government agency to create a master profile and then use AI to characterize each of us. In other words, create a surveillance state just like China. If they succeed, our experience at the border might turn into something very different from what it is today, because the agents won’t need to check our devices to know all about us; it will all already be on their computers.
