Travel to the U.S.

Yes, your electronic devices can be searched when you enter the U.S.!

Incidents in which U.S. citizens are detained at ports of entry, and the legality of searches of electronic devices (such as mobile phones, tablets, laptop computers, cameras, wearable devices and other devices) that arriving U.S. citizens carry into the country, continue to make the news.

For example, on December 18, 2025, media reported that a naturalized U.S. citizen was forced to provide his laptop and mobile phone (and passwords) to officers when he landed at Bush Airport in Houston. Also on December 18, 2025, the American Civil Liberties Union published a commentary titled “Enforcement at the Airport”. For those with access to The New York Times, an article published on December 31, 2025, also discussed this topic in detail.

U.S. Customs and Border Protection (“CBP”), an agency in the Department of Homeland Security, inspects U.S. citizen (and non-U.S. citizen) passports and belongings at ports of entry. CBP maintains a website titled “Border Search of Electronic Devices at Ports of Entry” with detailed information about this topic. The website was last modified on January 28, 2026. We encourage overseas Americans to visit this website prior to entering the U.S. via air, land, or sea.

As AARO continues to receive questions from members about this topic, we have prepared the below Q&A.

Responsible Agency

What agency at points of entry searches electronic devices?

Although Immigration and Customs Enforcement (ICE) is frequently in the news in recent months, the agency that inspects U.S. citizen (and non-U.S. citizen) passports and belongings at ports of entry is CBP. Thus, when searching online for information about this topic, be sure to search for CBP and not ICE.

Search Targets

Aren’t only non-U.S. citizens subject to electronic device searches?

At ports of entry, CBP searches electronic devices carried by both U.S. citizens and by non-U.S. citizens.

In the annual “Border Searches of Electronic Devices at Ports of Entry” report published on November 26, 2024, CBP reported that at ports of entry in Fiscal Year 2023 there were 8,657 searches of U.S. citizens’ electronic devices, and 33,110 searches of non-U.S. citizens.

At the time of writing, we were able to locate a more recent document published by CPB titled “Border Searches of Electronics at Ports of Entry” (date of publication appears to be October 2025). CPB reported that at ports of entry in Fiscal Year 2025 there were 13,590 searches of U.S. citizens’ electronic media, and 41,728 for non-U.S. citizens.

Thus, the number of searches of U.S. citizens’ electronic devices at ports of entry has significantly increased in recent years.

CBP’s Authority to Conduct a Search

Under what authority can CBP officers conduct such searches?

CBP officers at ports of entry have a broad right to conduct what is called a “Basic Search” of electronic devices. This is an inspection of any files stored on a device, such as documents, emails, photos, text messages, and other types of files. The CBP officer can do this without having to articulate any type of suspicion about the arriving traveler, or what might be stored on the electronic device. Some refer to this as the “border exception” to our usual expectation that government officials must first obtain a warrant before a search of our personal belongings.

When conducting a Basic Search, CBP is supposed to ensure the electronic device is in “airplane mode” and not connected to the Internet. However, data downloaded from the Internet might still be present on the device, including in a cache, trash, or spam folder (see below). For example, the iPhone keeps deleted photos in the trash folder for 30 days unless the user manually removes the photo from the trash folder.

The CBP can also conduct an “Advanced Search”, which could include attaching it to an external hardware that can exfiltrate data from an electronic device. To retain a device for an Advanced Search, the CBP officer must articulate a reasonable suspicion that the arriving traveler is involved in unlawful activity or that there is a national security concern and obtain a supervisor’s approval.

In addition, like any law enforcement agency, CBP has the option to seek a search warrant from a judge to further search a device, if it can satisfy a judge that such a search warrant is necessary.

Devices in my checked-in luggage won’t be searched, correct?

CBP officers may question arriving travelers (and possibly search carry on and checked-in luggage) after the arriving traveler’s passport is checked (manually or electronically) and the arriving traveler has retrieved their checked-in luggage. This means that checking in an electronic device does not make it immune from inspection.

Must I provide a password to unlock an electronic device?

The CBP officer can ask an arriving traveler to provide a password to “unlock” an electronic device. If you willingly provide a password, you have likely waived your right to later assert that a search was unconstitutional.

However, the arriving traveler is not required to provide CBP with the password. If the arriving traveler is a U.S. citizen and refuses to provide a password, CBP cannot prevent a U.S. citizen from entering the U.S.

However, from numerous online articles about this topic, when an arriving U.S. citizen declines to provide the password:

1. CBP has periodically detained the U.S. citizen at the port of entry while CBP tries to persuade the arriving U.S. citizen to provide a password, thus delaying exit from the port of entry; and/or
2. CBP has retained the electronic device for up to five days without additional supervisory approvals, and retained the device longer with a supervisor’s approval.

Thus, an arriving U.S. citizen can insist on exiting the port of entry, but CBP can retain a U.S. citizen’s electronic devices.

Legal Rights

Can I demand a lawyer?

A U.S. citizen detained by CBP at a port of entry can demand a lawyer. An arriving traveler who is not a U.S. citizen does not have this right.

Can CBP refuse my entry to the U.S.?

If you are a U.S. citizen, CBP cannot refuse to allow you to enter the U.S. However, see the above discussion about a possible delay from exiting a port of entry, and, the possibility that CBP could retain your electronic devices.

CBP can refuse to allow non-U.S. citizens entry into the U.S., as non-U.S. citizens do not have the right to entry. This point could be relevant to U.S. citizens traveling to the U.S. together with non-U.S. citizens.

Advice to Reduce Risk

What can travelers do to reduce their risk:

1. Enter the U.S. without any electronic devices, though we appreciate in the current era that this is unrealistic for most travelers.
2. Before you travel to the U.S., manually delete any photos, emails, text messages or other files that you do not want CBP to see. If you attempt this method, be sure to delete files stored in “cache”, “trash”, and “spam” folders too. However, even manually deleting files from these folders is not a guarantee that it will be permanently deleted from an electronic device, as the file might still be stored in other folders and can be retrieved using advanced forensics techniques. If your data is also stored “in the cloud,” it is possible to recover such deleted data after the trip. Be wary, as a significant amount of relevant knowledge is required to truly permanently delete files from an electronic device and to recover it later.
3. Only carry into the U.S. "burner" electronic devices, i.e,. devices that are not your main devices but instead are devices you use only when traveling and which contain only data that you don’t mind sharing with CBP. We appreciate that this may be difficult for many travelers who would like access to their usual data while traveling.
4. If you are a lawyer and information covered by attorney-client privilege is stored on the electronic devices CBP seeks to search, immediately inform a CBP officer who seeks to conduct the Basic Search. From online discussion about this topic, it might prompt the initial CBP officer to seek further input from a supervisor.
5. If your CBP seeks to search electronic devices that contain corporate “confidential information” or “trade secrets”, immediately inform the CBP officer who seeks to conduct a Basic Search. Again, from online discussion about this topic, it might prompt the initial CBP officer to seek further input from a supervisor.

Other Information

What else should I keep in mind when questioned by CBP?

If asked by a CBP officer, always report accurately the total amount of purchases made overseas and anything else in your luggage that should be declared.

Where can I find additional information about this topic?

Many universities and non-government organizations have also previously published guidance about this topic. Examples include Cornell, the Electronic Frontier Foundation, Harvard, Pacific Legal Foundation, Princeton, and the University of California. We caution that unless a “last reviewed” date is included, it is unclear when such materials were last updated.

Note: Last reviewed March 9, 2026. The above tips only apply to U.S. citizens. If you are traveling with a non-U.S. citizen, the above answers would be quite different.

This information is provided as a service to U.S. citizens to help inform and educate as of the date above, and is not intended, and should not be construed, as professional advice or recommendations. AARO is not responsible for any action taken by readers based on information posted. Please also read AARO’s third parties disclaimer.