CBP Can Now Search Your Phone Without Reasonable Suspicion

 

TLDR: CBP’s border authority to search phones and laptops isn’t new, but its January 2026 policy update expands it. Advanced device searches (the kind that involve connecting a phone or laptop to external equipment) can now happen based on a national security concern alone, without reasonable suspicion, as long as officers get supervisory approval and document the basis. The policy also widens the list of devices covered (smartwatches, GPS units, SIM cards, vehicle systems), adds more categories of concern beyond terrorism and smuggling, and lays out clearer rules for passwords, device detention, and how long information can be retained. Rosanna Berardi walks through what’s actually different and what travelers, especially visa holders and green card holders, should know before their next trip.

Transcript:

Customs and Border Protection has updated its policy for searching phones, laptops, and other electronic devices. Now, border officers have had the authority to inspect devices, but this new policy expands certain search authorities, adds new procedures for retaining devices and information, and allows some advanced searches based on national security concerns without reasonable suspicion. So if you’re traveling internationally, it’s important to understand what CBP can do, what changed, and what to expect before your next trip.

Hello, everyone. I’m Rosanna Berardi, the managing partner and founder of Berardi Immigration Law. Over the last several weeks, I’ve gotten a surprising number of calls and questions about searching phones, laptops, and other devices at the US-Canadian border. Some people have seen social media posts claiming CBP can go through anything they want.

Others have heard that there’s a new policy, and they’re trying to figure out whether anything actually changed. And for a lot of travelers, especially students, visa holders, green card holders, and professionals who carry sensitive information for work, there’s a lot of uncertainty. So I spent some time reviewing the new CBP directive, and I wanted to walk you through what stood out to me.

Now, this policy was updated around January first of this year, 2026, and it governs how CBP handles searches of electronic devices at US ports of entry. That includes airports, land borders, and other locations where people enter the country.

Before we talk about what’s new, I think it’s helpful to start with what isn’t new. So since the sands of time, CBP has had the authority to search electronic devices at the border for years. This isn’t a situation where the government suddenly decided it could start looking at phones and laptops. Border searches of electronic devices have been happening for quite some time.

The reason this update matters is it’s because it gives us a better picture of how CBP intends to exercise that authority and in several areas expands or clarifies what officers can do. One thing I always remind clients is that the border operates under a different legal framework than most encounters with law enforcement inside the US. Many travelers are surprised by that. The privacy expectations you’re used to in everyday life don’t necessarily apply in the same way when you’re arriving from abroad.

CBP has historically been given broader authority to inspect people and property at the border, and electronic devices have increasingly become part of that conversation. Now, when I read this updated policy, one of the first things that caught my attention was the agency’s description of why electronic device searches may be conducted. The earlier directive focused heavily on issues like terrorism, national security, smuggling, child exploitation offenses, and commercial crimes.

The new version explains that discussion and adds several additional categories, including firearms, smuggling, export controlled information, proprietary data theft, restricted information, and digital contraband. Now, why does this matter?

Because policy language often tells us how an agency is thinking about enforcement. Whenever I see a list of concerns get broader, I pay close attention. Doesn’t automatically mean more searches are going to happen tomorrow. It doesn’t necessarily mean the average traveler is going to notice any difference at all. But it does suggest that CBP is looking at a wider range of issues when evaluating information found on electronic devices.

Another change involves the types of devices covered by the policy. When most people hear electronic device search, they immediately think of a phone or a laptop. The updated policy specifically references additional devices, including flash drives, SIM cards, GPS devices, smartwatches, certain vehicle information systems, and other forms of digital storage. That may not sound particularly dramatic, but it’s a reminder of how much information people carry with them today, even without realizing it.

Ten years ago, most of our personal information lived on a phone or a computer. But today, information is spread across multiple devices, and the policy reflects that reality. Now let’s talk what is probably the most significant part of the update. Listen up.

The directive draws a distinction between what CBP calls a basic search and an advanced search. A basic search generally involves reviewing information directly accessible on the device, your phone and your watch, for example. An advanced search is more involved.

It typically means connecting the device to an external equipment to copy, review, or analyze info. In the prior policy, advanced searches generally required either reasonable suspicion or national security concern.

The updated directive, listen up, contains an important change. CBP officers can now conduct certain advanced searches based on a national security concern Even without reasonable suspicion, provided they obtain additional supervisory approval and document the basis for the search. This is huge.

As an immigration attorney, that’s one of the provisions that immediately stood out to me, not because it’s something most travelers encounter every day, but because it represents a meaningful expansion of authority in a specific category of cases. The policy still requires approvals and documentation, but the reasonable suspicion requirement is no longer always present when national security concerns are involved.

Another question I hear all the time is whether CBP can ask for passwords. Can they? The answer is yes. The directive states that travelers are expected to make their devices available for inspection. If a device is protected by a password, password encryption, or any other security feature, officers may request assistance accessing it. The policy also provides guidance on how passcodes should be handled and states that they should not be permanently stored in CBP systems and should be destroyed once they’re no longer needed.

Whenever this topic comes up, the next question is usually what happens if someone declines to give the password. I’m not giving you my password. The policy makes clear that inaccessible devices may be detained while CBP determines how to proceed. It also explicitly discusses the use of technical assistance and additional resources when officers encounter devices they cannot access.

I want to be careful here because this is where online discussions often become oversimplified. The consequences of any particular decision can vary significantly depending on the traveler’s status and the specific circumstances involved. A US citizen, a US permanent resident, and a temporary visa holder may all face very different practical considerations. That’s one reason these situations rarely lend themselves to one size fits all advice.

Another area where I noticed additional detail involves device detention and information retention. What’s that? One of the most common questions people ask after a device search is, what happens if they keep my phone? Or how long can they hold it?

The updated directive provides more structure around those situations. It establishes timelines, reporting requirements, supervisory approvals, and documentation procedures when devices or information continue to be held after an encounter ends. The policy also discusses retention periods for information and explains circumstances under which information may be maintained beyond certain time frames.

I also noticed that CBP added additional reporting requirements and audit procedures throughout the directive. Officers are expected to document certain decisions, record the basis for an advanced search in particular situations, and comply with oversight requirements. Whether those safeguards work as intended ultimately depends on implementation, but they are part of an updated framework.

Finally, I want to briefly mention privileged and sensitive information because I know many attorneys, journalists, business owners, physicians, and other professionals have concerns in this area. The policy continues to include procedures governing privileged materials and other sensitive info. It discusses attorney-client communications, medical information, confidential business information, and the use of filter procedures in certain circumstances.

That doesn’t mean disputes won’t arrive, but the directive does address how officers are expected to handle those situations and when legal guidance within CBP should be consulted. So what are my takeaways after reading this memo? Well, first, CBP’s authority to search electronic devices at the border is not new.

second, the new directive expands several aspects of that authority, particularly in the national security context. third, the policy now covers even broader range of electronic devices and contains additional procedures regarding passwords, device detention, and information retention. And finally, I think travelers should understand that electronic device searches remain an area of active enforcement attention.

For most people, nothing about their next trip may look any different, but understanding the rules before you travel is always better than learning about them during a secondary inspection. We’ll continue to keep monitoring this one. The government’s always changing their policies, and we’ll let you know if any additional guidance is issued.

If you found this video helpful, please like, subscribe, and share it with someone who may be interested. Thanks so much for watching, and I’ll see you next time.