What happens if border agents demand I turn over my device?
March 10, 2025
The government claims the authority to search all electronic devices at the border, no matter your legal status in the country or whether they have any reason to suspect that you’ve committed a crime. You can state that you don’t consent to such a search, but unfortunately this likely won’t prevent Customs and Border Protection (CBP) from taking your phone.
If you’ve given CBP agents the password to your device (or if you don’t have one), they might conduct what’s often called a “basic search” on the spot. They might also download the full contents of your device and save a copy of your data. Since 2018, they are not required to return your device before you leave the airport or other port of entry, and they might choose to send it off for a more thorough “advanced” or “forensic” search. Barring “extenuating circumstances,” they claim the authority to hold onto your device for five days — though “extenuating circumstances” is an undefined term in this context, and this period can be extended by seven-day increments.
As a result of this policy, even the most universally recognized private information — like communications with your lawyers — are insufficiently protected at the border. If you possess information that is protected by attorney-client privilege, you should tell the CBP agent you’re interacting with. Although CBP policy imposes some limitations, it still permits government employees to search the phone.
If you leave the airport or other border checkpoint without your device, make sure you get a receipt, which should include information about your device and contact information allowing you to follow up. If, after the forensic search is conducted, there is no probable cause to believe the device contains evidence of a crime, the government says it will destroy any information it copied within 21 days. Yet there’s a catch here, too. CBP might retain the notes it took during the search of your device or any questioning while you were at the border.
Your legal status in the country may inform what you decide to do if you’re asked for a password to unlock your device.
If you’re a citizen, you can’t be denied entry into the country if you refuse to comply with a request to unlock your device or to provide a password. But you might be detained for longer or have your device seized and not returned to you for weeks or months. The same should be true for those who have previously been admitted to the United States as lawful permanent residents and have maintained their status — their green cards can’t be revoked without a hearing before an immigration judge. If you are not a citizen and are concerned about having your devices searched, you should consult with an immigration lawyer about your particular circumstances before traveling.
Visa holders and tourists from visa waiver countries, however, run the risk of being denied entry if they refuse to provide a password, and they should consider that risk before deciding how to proceed.
Whether you’re a citizen or not, though, we always recommend that you enter the password yourself rather than divulging it to a CBP agent. They still might demand that you share it, but it’s a precaution worth trying to take. If you do hand over your password, it’s likely to end up in a government database, so change it as soon as you have the chance and make sure you no longer use that password for any other account.