Experts say it is important to have a plan before crossing the US border, to know the law, and to do what you can to minimize your digital footprint. The plans can vary widely based on a person’s immigration status and other factors.
The crackdown is already happening. First, Mahmoud Khalil was snatched from his home in New York. Then, immigrants in the U.S. were targeted for their political views, and foreigners reported being denied entry at the border after having their devices searched.
Even before Donald Trump was sworn in, border searches of electronics were steadily rising. With fears mounting about the Trump administration’s attack on dissent, citizens and noncitizens alike are wondering how to protect their privacy.
Here are some tips on the law — and how to prevent the U.S. government from using your own data against you.
Know the Law
If you think you will simply be able to decline when a border agent asks you to hand over your phone or computer, think again.
U.S. Customs and Border Protection claims broad authority to rifle through the electronic devices of traveling into and out of the country, regardless of their citizenship status. American citizens can decline to hand over their password or PIN code — but that could result in travel delays and in device confiscation, experts warn.
CBP claims to place some limits on its own searches of devices, and courts have issued conflicting rulings about the extent of the government’s authority to search electronic devices collected at the border.
One of CBP’s policies states that border agents are not supposed to search information that has only been stored remotely. As a practical matter, that often means that border agents put a phone into airplane mode before searching it.
Sophia Cope, an attorney with the Electronic Frontier Foundation, said it was useful to know CBP policies.
“We know federal officers often don’t follow the law and their own policy,” said Cope, whose organization has published its own guide for travelers. “If you know they’re supposed to put the phone in airplane mode, for example, you can ask them about that.”
