Roberta Aguirre
The U.S. Department of Homeland Security works to maintain aviation security standards across the world. While the TSA (Transportation Security Administration) does not search electronic devices, U.S. Customs and Border Protection (CBP) officers may search travellers' phones, laptops, and other devices at the border. This includes airports, which are considered border zones. CBP searches are conducted to detect contraband, terrorism-related content, and information relevant to visitor admissibility. While CBP does not need a warrant to search electronic devices, they are not allowed to deny U.S. citizens entry for refusing to unlock their phones. However, they can confiscate the device and access its contents.
| Characteristics | Values |
|---|---|
| Who can check your phone? | Customs and Border Protection (CBP), not the Transportation Security Administration (TSA) |
| When can they check your phone? | When entering the country, not when departing |
| Where can they check your phone? | At ports of entry, not domestic checkpoints |
| What are they looking for? | Digital contraband, terrorism-related content, and information relevant to visitor admissibility |
| What are your rights? | CBP officers can deny US entry based on searches of phones, but they cannot deny US citizens entry for refusing to unlock their phones |
| What can you do? | Get a receipt for your confiscated property, file a complaint through CBP's website, limit the data on your device, encrypt your devices, use secure passwords, disable biometric logins, and upload data to the cloud |
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What You'll Learn
- The Transportation Security Administration (TSA) focuses on physical threats, not phones
- Customs and Border Protection (CBP) can search your phone at the border
- CBP may confiscate your phone if it's locked or encrypted
- CBP's basic and advanced search types explained
- Know your rights and how to file a complaint
The Transportation Security Administration (TSA) focuses on physical threats, not phones
The Transportation Security Administration (TSA) is responsible for security screening at airports. Their procedures are designed to prevent prohibited items and other threats to transportation security from entering the airport and aircraft. While the TSA does screen electronic devices like laptops and tablets, their focus is primarily on physical threats. They aim to ensure that nothing dangerous is brought onto a plane.
The TSA has stated that searching electronic devices is not part of their procedure, and their agents are not provided with equipment to access data on these devices. They do not request access to passengers' electronic devices. Instead, they may ask you to power on your device and open a few apps to demonstrate that it is fully operational and untampered with.
At the border, you may encounter Customs and Border Protection (CBP) officers, who are authorised to conduct searches of electronic devices. These searches are considered integral to border security and are conducted to enforce customs, immigration, and other laws. CBP officers can search travellers' belongings, including their phones, without a warrant under the border search exception.
While CBP officers can search electronic devices, they must follow certain procedures. They may conduct a “basic” search by manually reviewing the device's contents without external equipment. An "advanced" search, which requires reasonable suspicion and senior manager approval, involves connecting external equipment to access, copy, and analyse the device's contents.
It is important to note that travellers have certain rights regarding electronic device searches. For example, US citizens cannot be denied entry for refusing to unlock their phones, but their devices may be confiscated and inspected. Travellers should also be aware of their options for filing complaints if they believe their rights have been violated during a search.
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Customs and Border Protection (CBP) can search your phone at the border
Customs and Border Protection (CBP) officers have the authority to search travellers' phones and other electronic devices at the border. This includes US international airports, which fall outside of Fourth Amendment protections that require a warrant for a device to be searched.
CBP officers may inspect electronic devices to determine an individual's intentions upon entry to the US and whether they are admissible to the country. These searches are used to identify and combat terrorist activity, child pornography, drug smuggling, human trafficking, and other violations. CBP officers may also retain copies of information obtained from a device if there is probable cause to believe the information contains evidence of a violation of law.
If you are a US citizen, CBP cannot deny you entrance into the country for refusing to unlock your phone. However, they can confiscate your device and save its contents to their databases. If you are a visa holder or tourist from a visa waiver country, you may be denied entry if you refuse to provide a password.
If you are selected for a search, you can politely ask for clarification to ensure you understand what the agent is asking. You should also be aware of your rights regarding electronic device searches, as legal requirements and regulations can change.
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CBP may confiscate your phone if it's locked or encrypted
The U.S. Customs and Border Protection (CBP) is responsible for enforcing numerous laws at U.S. ports of entry. CBP officers have the authority to search travellers' mobile phones, computers, cameras, and other electronic devices during the inspection process. These searches are conducted to identify and combat terrorist activity, child pornography, drug smuggling, human trafficking, and other criminal activities. While CBP has the legal authority to search electronic devices, there are concerns about privacy and data protection.
If a traveller's electronic device is protected by a passcode, encryption, or other security mechanisms, CBP officers may not be able to inspect the device's contents. In such cases, the device may be subject to confiscation or other appropriate action. CBP officers can confiscate devices and hold them for as long as they want, even if there is no conclusive evidence of wrongdoing. They can also download and save data from confiscated devices to their databases. This practice extends to all border crossings, not just airports.
To protect their privacy, travellers can take several steps before travelling through a U.S. port of entry. It is recommended to encrypt devices and use strong passwords or passphrases to secure them. Additionally, travellers should be aware of their rights and the potential risks of non-compliance. While U.S. citizens cannot be denied entry for refusing to unlock their phones, visa holders and tourists from visa waiver countries may risk denial of entry.
Travellers should also be aware of the different types of searches conducted by CBP. A basic search involves manually reviewing the contents of the device without external equipment, while an advanced search involves connecting external equipment to the device. CBP officers are trained to balance privacy protections with national security and border enforcement missions. They work closely with privacy offices and follow legal and policy privacy requirements.
It is important to note that the effectiveness of encryption depends on the strength of the encryption passphrase. Travellers should use a strong, random passphrase or password and ensure that biometric unlocks are turned off when passing through sensitive areas. By taking these precautions, travellers can enhance the security of their devices and protect their sensitive information from unauthorised access.
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CBP's basic and advanced search types explained
The U.S. Customs and Border Protection (CBP) has the authority to search electronic devices at the border, including those of U.S. citizens. This is based on federal statutes and regulations, such as 19 C.F.R. 162.6, which states that all persons and their belongings entering the U.S. are subject to inspection. While the CBP distinguishes between "basic" and "advanced" searches, both types are conducted to enforce the law and protect border security.
A basic search typically involves a CBP officer manually reviewing the contents of an electronic device without the use of external equipment. This type of search does not require reasonable suspicion or prior approval. The officer may request or directly disable network connectivity to avoid accessing information stored remotely. Basic searches account for the majority of electronic device searches at the border.
An advanced search, on the other hand, involves the use of external equipment to access, review, copy, or analyze the contents of the device. This type of search requires reasonable suspicion of a violation of the law enforced or administered by the CBP, or a national security concern. It also necessitates the approval of a senior CBP manager. During an advanced search, officers can only access data stored on the device itself, such as its hard drive or operating system.
The CBP documents all border inspections, including basic and advanced searches, in its primary law enforcement system, TECS. The "Electronic Media Report" module within TECS records information about why a traveler was selected for examination and any subsequent actions taken, such as the detention or seizure of electronic devices.
While the CBP has the authority to search electronic devices, it is important to note that the Transportation Security Administration (TSA) primarily focuses on physical security. The TSA is not known to conduct routine searches of electronic devices, and they do not have the equipment to do so. However, they may inspect electronic devices if there is a concern about the physical device, such as suspicions arising from baggage scans. In such cases, they may request that the device is powered on and certain functions are demonstrated to ensure it is fully operational.
It is within your rights to politely ask for clarification if a TSA agent requests access to your electronic device. If you believe your rights have been violated, you can file a complaint with the TSA, either at the airport or through their website. Additionally, while CBP officers may request passcodes or other means of access, they are required to delete or destroy this information once it is no longer needed for the search.
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Know your rights and how to file a complaint
Know Your Rights
At the airport, you are likely to encounter Customs and Border Protection (CBP) officers and Homeland Security Investigations (HSI) agents. CBP officers may stop people at the border to determine whether they are admissible to the United States, and they may search people's belongings for contraband. This includes electronic devices such as laptops and cell phones, although this is a contested legal issue.
Officers are not permitted to select individuals for a personal search or secondary inspection based on their religion, race, national origin, gender, ethnicity, or political beliefs. You have the right to wear a religious head covering, although you may be asked to remove it if an alarm is triggered. In this case, you can request that the removal or subsequent pat-down is conducted by someone of your gender in a private area.
Children under 13 may keep their shoes, light jackets, and headwear on during screening, although there is no exemption for children from the pat-down search. Parents travelling with infants are permitted to bring breast milk and formula in quantities greater than three ounces, as long as they notify officers at the security checkpoint.
If you are a US citizen, CBP cannot deny you entrance into the country for refusing to unlock your phone. However, they can confiscate your device, download data from it, and save it to their databases.
How to File a Complaint
If you believe your rights have been violated during the screening process, you can file a complaint with the TSA. You can ask to speak to a supervisor while at the airport or go to the TSA website to report any concerns or issues.
The Department of Homeland Security Traveler Redress Inquiry Program (DHS TRIP) is the single point of contact for individuals who want to report difficulties regarding their security screening at transportation hubs or U.S. borders. You can submit a complaint through an online form, via email, or by post.
The Office for Civil Rights and Civil Liberties (CRCL) reviews and investigates civil rights and civil liberties concerns filed by the public regarding DHS policies and activities. This includes discrimination based on race, ethnicity, national origin, religion, sex, sexual orientation, or disability, as well as violations of rights while in immigration detention or as a subject of immigration enforcement. You can submit a complaint to the CRCL using an online portal, a fillable PDF form, email, fax, or postal mail.
If your complaint relates to any immigration enforcement activity, you can file a complaint with the DHS Office for Civil Rights and Liberties. If your complaint is related to employment with DHS, you can review the EEO complaint process for further information.
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Frequently asked questions
The Transportation Security Administration (TSA) does not conduct searches of electronic devices. Only U.S. Customs and Border Protection (CBP) officers have the authority to inspect electronic devices at ports of entry. CBP officers can inspect devices without a warrant and may confiscate devices for as long as they want.
CBP policy states that if an electronic device cannot be inspected due to a passcode, encryption, or other security mechanisms, the device may be confiscated.
CBP distinguishes between "basic" and "advanced" searches. A basic search is a manual review of the device's contents without external equipment. An advanced search involves connecting external equipment to review, copy, and/or analyze the device's contents. Advanced searches require reasonable suspicion and the approval of a senior manager.
