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Esha Bhandari, who serves as the deputy director of the ACLU’s Speech, Privacy, and Technology Project, highlights the extensive powers of Customs and Border Protection (CBP) when it comes to questioning individuals entering the United States. According to her, CBP has the authority to inspect luggage as well as electronic devices such as phones and laptops without needing a warrant. This applies to all incoming travelers, irrespective of their immigration or citizenship status. Bhandari notes that anything on these devices, including photos, emails, texts, or applications, can be subjected to scrutiny. She advises, “While you can express that you do not consent to a search, this does not guarantee that CBP will refrain from examining your phone.”
To safeguard personal privacy, Bhandari recommends that travelers consider utilizing a device solely for travel purposes, one that is devoid of sensitive or private data. Alternatively, individuals may encrypt their devices with robust and unique passwords and ensure they are powered off before crossing the border. Although there is no legal obligation to provide a password if requested by an agent, refusal could lead to the device being retained for extended periods. Additionally, non-citizens and those without green cards may face entry denial if they choose not to disclose their password.
Marina Shepelsky, an immigration attorney with Shepelsky Law Group, emphasizes the importance of backing up important data and reducing sensitive information on devices prior to travel. She notes, “Current circumstances may cause border agents to scrutinize texts or social media content that critique the Trump administration or its policies. Such information could potentially be used against travelers, leading to entry denials, expedited removals, or bans on future visits.”
Communicate Your Travel Itinerary
All individuals traveling to the United States are subject to inspection for admission, which typically includes routine questioning and screening processes. However, travelers who possess any “red flags”—such as previous immigration violations, unusual travel patterns, or prior encounters with CBP—are more likely to face heightened scrutiny. This can lead to secondary inspection for additional questioning, which, in severe cases, might result in being denied entry or detained.
Bahal advises travelers to “remain calm and polite in all interactions with border agents.” If questioned, individuals have the right to inquire about the reasons behind the officer’s decisions and can request to speak with a supervisor if they believe there has been an error. The approval of such requests will depend on the discretion of the interviewing officer and the specific circumstances.
Traditionally, travelers facing non-serious issues, like lacking the appropriate visa, were often allowed to withdraw their application for admission and return home on the next available flight. However, DiRaimondo reports a concerning increase in instances where CBP has denied entry and placed travelers in Immigration and Customs Enforcement (ICE) detention for extended periods, sometimes lasting days or even weeks.
“While these occurrences remain uncommon compared to the daily flow of travelers entering the US, it marks a significant change from past practices and could discourage non-essential travel to the US,” DiRaimondo notes. She further states that if detained, it is essential for individuals to request to speak with a lawyer. Since public defenders are not available in these scenarios, having the contact information for an immigration attorney is advisable.
Shepelsky adds that informing close family or friends about travel plans is crucial in case unexpected situations arise at customs. “If you face an extended questioning or detainment, having someone who knows how to quickly reach your attorney can be immensely helpful,” she concludes.
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