Lois Larson
Customs and Border Protection (CBP) officers are authorized to search travelers' belongings and electronic devices at US airports. While the number of travelers subjected to electronic device searches is small, CBP officers may share the information obtained with other federal, state, and local law enforcement agencies. However, officers cannot select individuals for personal searches or secondary inspections based on their religion, race, national origin, gender, ethnicity, or political beliefs. Lawful Permanent Residents (LPRs) are only required to answer questions establishing their identity, residency, and customs-related inquiries, and they cannot be denied entry for refusing to answer other questions.
| Characteristics | Values |
|---|---|
| Can US airport customs see police reports? | There is no explicit mention of US airport customs having access to police reports. However, Customs and Border Protection (CBP) officers can search individuals' electronic devices, which may contain information from police reports. |
| CBP's role | CBP officers determine whether individuals are admissible to the US and may search belongings for contraband. |
| CBP search process | CBP officers may search electronic devices such as phones, laptops, and cameras. They must put these devices in airplane mode before searching to prevent access to cloud storage. |
| CBP search rights | CBP officers cannot select individuals for search or secondary inspection based on religion, race, national origin, gender, ethnicity, or political beliefs. |
| CBP search frequency | In 2024, CBP searched the electronic devices of less than 0.01% of arriving international travelers. |
| CBP search purpose | CBP searches of electronic devices are intended to identify and combat terrorist activity, child pornography, drug smuggling, human smuggling, bulk cash smuggling, human trafficking, export control violations, and intellectual property rights violations. |
| CBP information sharing | CBP may share information obtained from electronic device searches with other federal, state, local, and foreign law enforcement agencies for further investigation or technical assistance. |
| TSA's role | Transportation Security Administration (TSA) officers conduct security screenings of passengers, baggage, and cargo at airports. |
| TSA search rights | Similar to CBP, TSA officers cannot select individuals for search or secondary inspection based on religion, race, national origin, gender, ethnicity, or political beliefs. |
| TSA watchlists | TSA maintains a "terrorist watch list," and individuals can fill out a form if they believe they were mistakenly placed on this list. |
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What You'll Learn
US Customs and Border Protection (CBP)
CBP officers are typically the first point of contact for travellers entering the United States at airports and other ports of entry. They have the authority to stop and search individuals and their belongings, including electronic devices such as laptops and cell phones. While CBP states that these searches are conducted on a small fraction of travellers, the practice has raised concerns among privacy advocates, particularly regarding the protection of personal and sensitive data. Travellers have reported being subjected to searches due to critical messages or political opinions expressed on their devices, which may infringe upon rights guaranteed by the Constitution.
It is important to note that CBP officers are not permitted to select individuals for searches based on their religion, race, national origin, gender, ethnicity, or political beliefs. Travellers have certain rights when encountering CBP officers, such as the right to decline answering questions about religious or political beliefs without consequence. Additionally, CBP officers are currently prohibited from searching online cloud services during device searches and must put devices in airplane mode to comply with this policy.
In recent years, CBP has faced criticism and legal action for its policing tactics during protests and the collection of travellers' digital data without warrants. Despite these controversies, CBP continues to play a significant role in securing America's borders and facilitating international trade and travel.
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CBP search of electronic devices
US Customs and Border Protection (CBP) officers have the authority to search electronic devices such as laptops and cell phones at the border. This is a contested legal issue, as the Fourth Amendment, which protects against unreasonable searches, does not explicitly address the search of electronic devices. However, the US government maintains that its authority to search without individualized suspicion extends to electronic devices.
CBP's ability to lawfully inspect electronic devices crossing the border is integral to keeping America safe in an increasingly digital world. These searches are conducted to enforce the law at the US border and to protect border security. They are also used to identify and combat terrorist activity, child pornography, drug smuggling, human smuggling, bulk cash smuggling, human trafficking, export control violations, intellectual property rights violations, and visa fraud, among other violations.
While CBP has established strict guidelines to ensure that these searches are conducted judiciously and responsibly, the number of travelers whose electronic devices are searched is relatively small. In Fiscal Year 2024, less than 0.01% of arriving international travelers had their electronic devices searched by CBP.
To protect your privacy, you can encrypt the data on your device before crossing the border. This makes it harder for CBP officers to access files or recover deleted files, even if they confiscate your device. Additionally, CBP officers are prohibited from searching online cloud services during these inspections. They are required to put your device in airplane mode before searching it, so make sure to delete any sensitive data from your device and store it on cloud storage like iCloud, Google Drive, or Microsoft OneDrive.
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TSA security screenings
The Transportation Security Administration (TSA) conducts security screenings at airports. TSA officers are not law enforcement officers, and their role is limited to screening passengers, baggage, and cargo. They can search you and your baggage at screening checkpoints, but they cannot arrest you. TSA incorporates unpredictable security measures, both seen and unseen, to accomplish its transportation security mission. Security measures begin long before you arrive at the airport, and additional measures are in place from the time you get to the airport until you get to your destination.
TSA works closely with the intelligence and law enforcement communities to share information and adjust its processes and procedures to meet evolving threats. This means that you may notice changes in their procedures from time to time. TSA relies on the traveling public to report unattended bags or packages, individuals with threatening items, and persons attempting to enter restricted areas or engaging in other suspicious activities.
TSA's screening procedures are intended to prevent prohibited items and other threats to transportation security from entering the sterile area of the airport. They screen approximately 3.3 million carry-on bags and 1.3 million checked bags daily for explosives and other dangerous items. Passengers are required to remove personal electronic devices larger than a cell phone from their carry-on bags for X-ray screening. Food and snacks are generally allowed to remain inside carry-on bags. Passengers with medical devices and/or implants may be subject to alternative screening procedures.
TSA recommends arriving at the airport early to allow enough time for the screening process. Passengers wearing light outer garments or bulky clothing may be asked to remove them for screening, and those who are unwilling or unable to do so may be subject to additional screening. Passengers 75 and older may keep their shoes on during screening and may request to be seated during the screening process. TSA also provides expedited screening for passengers 75 and older through risk-based intelligence-driven security.
TSA does not prohibit photographing, videotaping, or filming at security checkpoints as long as the screening process is not interfered with and no sensitive information is revealed. Passengers with religious, cultural, or ceremonial head coverings may be subject to additional security screening, including a pat-down, if they choose not to remove their head coverings. Religious knives, swords, and other objects are not permitted through the security checkpoint and must be packed in checked baggage.
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Traveller rights at the border
Search and Seizure
Customs and Border Protection (CBP) officers may stop people at the border to determine whether they are admissible to the United States. They may search people's belongings and electronic devices for contraband, even if there is nothing suspicious about the traveller or their luggage. This is a contested legal issue, as the Fourth Amendment protects US citizens from unreasonable searches and seizures. However, constitutional protections are generally weaker at US borders, and travellers may be required to provide their laptop passwords or unlock their mobile phones. Travellers can try to opt out of these searches, but this may result in the confiscation of their devices.
Religious and Political Beliefs
Customs officers may not select travellers for a personal search or secondary inspection based on their religion, race, national origin, gender, ethnicity, or political beliefs. Travellers are not required to answer questions about their religious or political beliefs and cannot be denied entry to the United States for declining to answer such questions. If customs officers persist in asking these questions, travellers can request to see a supervisor. Additionally, travellers have the right to wear religious head coverings during security screenings.
Legal Rights
If a traveller is under arrest or suspects they are being accused of a crime, they should ask to speak to a lawyer before answering any further questions. Travellers have the right to remain silent and should assert this right out loud if they wish to exercise it. While CBP takes the position that travellers are not entitled to an attorney during primary and secondary inspections, travellers should still have the contact information of an attorney or legal services organization with them.
Traveller Redress Inquiry Program
If travellers believe they are mistakenly on a watchlist, they can contact the Transportation Security Administration (TSA) and file an inquiry using the Traveller Redress Inquiry Program. If travellers think there may be a reason for their inclusion on a list, they should seek legal advice.
Data Protection
To protect data privacy, travellers should encrypt the data on their devices before crossing the border. This will make it harder for CBP officers to access files or recover deleted data, even if the device is confiscated. Travellers can also store sensitive data on cloud storage services and delete it from their devices before crossing the border, as CBP officers are prohibited from searching online cloud services during device searches.
It is important to note that these rights and recommendations may vary depending on the traveller's citizenship status and the specific circumstances of their entry into the United States.
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Traveller redressal measures
Travellers who believe they have been mistakenly placed on a watchlist can file an inquiry through the Transportation Security Administration's (TSA) Traveler Redress Inquiry Program. The TSA conducts security screenings at airports, and its officers can search individuals and their baggage at screening checkpoints. The TSA works closely with intelligence and law enforcement communities to share information and adjust its procedures to meet evolving threats.
To protect their privacy, travellers can encrypt the data on their electronic devices before passing through US customs. While CBP officers can search devices, they are prohibited from searching online cloud services. Travellers can also store sensitive data on cloud storage and put their devices in airplane mode before passing through customs.
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Frequently asked questions
US Customs and Border Protection (CBP) officers have the authority to search travellers' belongings for contraband. This includes electronic devices such as phones and laptops, although this is a contested legal issue. CBP officers can search your device, but they must put it in airplane mode first, so they can only see data stored on the device itself.
If you believe you have been mistakenly placed on a watchlist, you can file an inquiry using the Traveler Redress Inquiry Program. If you are regularly sent for secondary inspection or see the label "SSSS" on your boarding pass, you can fill out a TSA form.
Religious and political beliefs are protected by the First Amendment. If you are a US citizen or lawful permanent resident, you do not have to answer questions about your religious or political beliefs and you cannot be denied entry for refusing to answer. If you are a non-citizen visa holder, refusing to answer could lead to delays or denial of entry.
