privacy

Will US Customs Agents Search Your Phone?

Before I give advice to travelers, let’s talk about why border security searches happen. Here’s what CBP has to say: “Border searches of electronic devices are often integral to determining an individual’s intentions upon entry to the United States and thus provide additional information relevant to admissibility of foreign nationals under US immigration laws.”

The statement above is pretty non-specific and quite broad, right? That’s why it’s important to take these searches seriously. There aren’t hard rules for what constitutes benign or malicious intentions. It’s entirely up to the border protection officer.

Do You Have to Let US Customs Agents Search Your Phone?

To answer the question above: It depends. Are you a US citizen? US citizens must be let back into the country, so if you refuse a search, agents can let you go home while keeping your phone. Foreign travelers can be turned away at the border if they refuse to comply.

CBP says that if you are chosen for a device inspection and your phone is protected by a passcode or another form of security, “that device may be subject to exclusion, detention, or other appropriate action or disposition. Additionally, the traveler may face longer processing times to allow for CBP to access the contents of the device.”

What Are CBP Agents Looking for?

According to CBP, a “basic” electronic device search involves manually searching your phone. An agent can look through your device for just about any reason, but if they feel you or your data may be a “national security concern,” they’ll ramp up the search.

The next level calls for an “advanced” search, during which agents may connect other devices to your phone to view the data or make copies of it. You can read more about such investigations on the agency’s website.

Border security officers cannot access your live cloud data, so it’s smart to back up your devices to the cloud before crossing the border. More on that later.

What Should I Do if My Device Is Seized?

I checked with the Electronic Frontier Foundation’s guidelines for this answer, and I highly recommend reading the organization’s border search report and printing out their pocket guide for crossing the US border.

If a CBP agent seizes your device, the EFF advises people to request Form 6051D, which is a custody receipt, to claim their device later. Again, US citizens do not have to comply with electronic device searches to enter the country, but foreign travelers do.

Assess Your Privacy Risks While Traveling

With a little preparation before you leave, you may be able to avoid hassle at the border. First, determine what you need to take with you. Do you really require multiple internet-connected devices on your trip? Depending on the nature of your travels, you may be able to get away with taking a burner phone with you instead of a smartphone packed with private data. A freshly wiped Chromebook or a tablet may also be a reasonable swap for a laptop in some circumstances.

Next, perform a personal risk assessment. Do you have a clean criminal record? Are you a US citizen? If you can answer yes to both questions, remember that the likelihood of a device search is pretty low. If you answered no to either of those queries, you may be picked for a search at the border, so be prepared.

Now that we’ve discussed who you are, let’s talk about what you do. Are you an activist, journalist, lawyer, politician, or anyone else who is at high risk for surveillance due to your job or online posts? If so, I highly recommend taking the steps listed below to secure your devices before you leave.

Before Crossing the Border, Do This

In the spirit of staying prepared, here are some suggestions for things to do to your devices before you travel into or out of the US:

Log Out of Your Accounts: If you plan to keep apps on your devices, log out of them first. Border officers may be able to search your devices, but they must be in airplane mode, as per the CBP’s rules. That means the agents can’t access your data stored in the cloud.
Back Up Your Computer and Phone: If you have a cloud storage account, back up your data to the cloud. That way, you have copies of everything you’re about to delete. It’s wise to make sure your device has the latest security updates, too, since those protections may make it harder for an officer to search the device thoroughly.
Deep Clean Your Devices: Remove any apps that you don’t want a border agent to ask you about. It’s a good idea to clear your browsing history, delete chat logs, and remove any sensitive contact information that you wouldn’t want someone else to find. Make sure to clear your Recently Deleted or Trash folders after you’ve removed the apps or files from your device.
Clear Your Messages: If you use a secure messaging app like Signal, remove yourself from group chats and turn on the disappearing texts feature.
Disguise Your Apps: Signal, WhatsApp, and other messaging services have very distinctive logos that may draw an officer’s attention. To combat this, you could change the look of the app’s logo on your devices’ home screens. For example, on my personal phone, Signal is represented by a picture of the Hamburglar. On iOS, the best way to change your icons is via the Shortcuts app. Android users will need to download an icon-changing app from the Google Play Store.
Disable Biometric Unlocks: Visit your phone’s Settings menu and disable face and fingerprint scanning, since officers can use those to force access to your device without much effort. This can be achieved by holding the phone up to a detainee’s face to open the device, or physically placing a person’s finger on the device reader to obtain a fingerprint scan. Keep in mind that though an officer cannot compel you to enter your passcode or PIN, if they seize your device, they have tools that may be able to eventually crack the lock.
Familiarize Yourself With Device Data Protection Modes: Android and iOS have built-in remote-wiping features, so it’s easy to disable or delete all data from a confiscated phone remotely. Get to know these features in your device’s Settings menu. Also, create a shortcut on your home screen to quickly wipe the device if necessary. This allows you to simply tap the shortcut and disable or completely wipe your device, depending on your preferences.You can find powerful data protection offerings on Android and iOS within your phone’s settings menu. Look for Advanced Protection mode on Android devices, and Advanced Data Protection mode within your iCloud settings on iOS devices. It’s a good idea to turn these modes on and keep them active throughout your trip (and maybe forever). These settings enable end-to-end encryption for your cloud accounts, so even Apple or Google cannot access most of the data stored there.
Tell Someone Where You’re Going: It’s a good idea to let family, friends, or even coworkers know that you’re traveling internationally. Make sure that someone will check to find out where you are if things go wrong during a border crossing. If you aren’t a US citizen, I recommend writing down contact information for an attorney who specializes in immigration or border security cases and keeping that information with you at all times.

Stay Safe While Traveling Overseas

A device search at the US border is not guaranteed, but we know it’s happening more often than it has in the past, so it’s always wise to take a few precautions to protect your privacy. Check out our other relevant guides, including how to prepare for a protest, turn off location services on your devices, and set up secret phone numbers. For more information about keeping your data to yourself, read our guide to completely disappearing online.