Travelling to the US?: Your Electronic Devices Could Be Checked

As President Donald Trump’s crackdown on immigrants intensifies, individuals travelling to the United States of America have been advised to carry minimal electronic gadgets and sign out of sensitive applications that store personal data. The advisory comes as a surge in search of electronic devices of incoming passengers has been reported.

It may be worth noting that Customs and Border Protection (CBP) officers have the authority to ask individuals, irrespective of their legal status, to check electronic gadgets without having to issue a warrant.

In this context, several agencies, including the American Immigration Lawyers Association (AILA) and American Civil Liberties Union (ACLU) have issued FAQs (Frequently Asked Questions) and guidelines on how to respond to searches at US land crossings, airports and seaports. The CBP has also published useful information on its website. The CBP conducts two types of searches: Basic and Advanced.

A basic search generally involves an officer manually checking an individual’s mobile phone or laptop without using any external equipment. If the individual unlocks the phone or gives the password to the officer, the inspection might be conducted on the spot.

An advanced search will include checking the electronic gadgets with external devices to access, review, copy or analyse the contents of a device. The officers might choose to retain the phone for five days or more for a thorough search.

During ‘extenuating circumstances’ – an undefined term – the CBP can retain the devices for five days, with further extensions in seven-day increments. According to some reports, devices have been held for several weeks.

In case a device has been detained, passengers must make sure that they get a Form 6051-D, detailing the items detained and the point of contact to follow up. The device is usually shipped to the passenger after examination.

AILA has advised incoming passengers to note the name and badge of the officer concerned and document questions. If the interview was recorded, passengers should ask for a copy of the transcript.

Non-citizens have fewer rights, with visa holders being denied entry into the US if they refuse to provide passwords. Green card holders have the right to a hearing before an immigration judge. On the other hand, a US citizen cannot be refused entry, but his/her device can be detained.

ACLU advised passengers to unlock the phone and hand it over to the officer, instead of revealing the password. If the password has been shared, passengers have been advised to change them as soon as possible.