TLDR: CBP has the authority to search travelers’ phones and laptops at the border without a warrant, but it’s far less common than headlines suggest, only about 0.01% of the 419 million travelers CBP processed in FY2025 had their devices searched. There are two levels of search (basic and advanced), each with different legal thresholds, and CBP policy limits officers to what’s stored on the device itself, not cloud data. Knowing your rights, and the special protections for privileged or confidential information, can help you travel prepared rather than anxious.
Transcript:
Everybody’s scared of electronic searches at the border, so let’s talk about it.
You’ve probably seen stories about Customs and Border Protection, or CBP, searching travelers’ phones at the border.
Some of the headlines make it sound like this is happening all the time. The reality is much less dramatic.
Hi, everyone. I’m Gabriella Agostinelli, an immigration attorney.
Today, I want to explain what the law actually says, how often these searches really happen, and what your rights are if you’re ever asked to hand over your electronic device. My goal here is to help you travel informed and prepared.
And before we jump in, if you find immigration and travel updates helpful, please take a moment to like this video and subscribe to our channel. We post practical, easy-to-understand information to help you stay up to date.
How common are these searches? Well, the statistics may surprise you.
In fiscal year 2025, CBP processed more than 419 million travelers entering and leaving the U.S. Out of all those travelers, CBP conducted approximately 55,000 electronic device searches.
That’s about 0.01 percent of all travelers, or roughly one out of every 7,500 people.
And even if you’re referred to secondary inspection, an electronic device search is still relatively uncommon. CBP conducted over 11.6 million secondary inspections, and only 0.03 of those inspections involved a search of an electronic device.
So, while these searches absolutely happen, they remain the exception rather than the rule.
Here’s a top question we get: Can CBP search your phone?
And the short answer is yes.
The U.S. government has long had broader search authority at the international border than it does inside the country. That authority extends to electronic devices because CBP uses those searches to help enforce immigration and customs law, as well as to address—mm, you guessed it—national security concerns.
That said, CBP’s authority isn’t unlimited. The agency has a detailed policy that governs how these searches are supposed to be conducted, and there are two different types of searches.
The first is called a basic search. This is a manual review of information that’s stored directly on your phone, tablet, or laptop.
Under current CBP policy, a basic search generally does not require reasonable suspicion.
The second is an advanced search. This involves connecting external equipment to your device to copy or analyze its contents.
Unlike a basic search, an advanced search generally requires reasonable suspicion that a law enforced by CBP has been violated or a national security concern, and it also requires supervisory approval.
Here’s a question: What about information stored in the cloud?
Many people assume that CBP can freely browse through cloud storage or information that’s only accessible online. But according to CBP’s own policy, that’s not how these searches are supposed to work.
Officers are instructed not to intentionally access information that exists only remotely. In fact, they generally disable internet connectivity, such as by placing a phone in airplane mode, so the search is limited to information that’s actually stored on the device itself.
Can CBP ask for your passcode?
Yes.
CBP officers may ask you to unlock your device or provide your passcode so they can complete the inspection.
The policy also states that any passcode obtained should only be used to facilitate that inspection and should not be permanently stored in CBP systems.
Whether you choose to provide access can have direct consequences depending on your immigration status.
For foreign nationals seeking admission to the U.S., refusing to cooperate could affect the inspection process and, in some circumstances, your admissibility.
For U.S. citizens, you generally cannot be denied entry to the U.S., but refusing to unlock a device could still result in delays or temporary detention of that device.
Can CBP keep your phone?
They can in certain situations.
If officers can’t complete the inspection immediately, they may temporarily detain the device to continue the search.
Under CBP policy, that detention should generally not exceed five calendar days, although extensions can be approved in certain circumstances.
If your device is detained, you should receive documentation acknowledging that CBP has taken custody of it.
Mm, what about if you’re carrying confidential information?
This is particularly important for attorneys, physicians, journalists, executives, and others who routinely carry sensitive information on phones and work computers.
CBP’s policy contains specific procedures for handling attorney-client privileged materials, certain medical records, journalistic work product, and confidential business information.
If privileged information is identified or asserted, officers are required to consult with CBP legal counsel and follow procedures designed to protect that information while still allowing CBP to complete the border inspection.
The bottom line: There is no question that CBP has significant authority at the border, and it’s important for travelers to understand that authority before they travel.
At the same time, the numbers show that electronic device searches are rare, and most travelers will never experience one.
The goal isn’t to travel with fear. It’s simply to know what to expect, understand your rights, and be prepared if you’re one of the small number of travelers selected for additional inspection.
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We regularly share updates on immigration law, border issues, and practical tips to help make your travel and immigration journey a little easier.
Thank you so much for watching, and I’ll see you in the next video.
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