Regarding electronic devices, what agents can do depends on your immigration status. Hernández Rivera notes that CBP claims authority to search and copy data from phones and devices. “Be mindful of the content of your social media accounts and phones, in the event that a federal immigration agent reviews it,” says Amato Lough of the Public Counsel’s Immigrants’ Rights Project.
US citizens and green card holders have stronger protections: They can refuse to unlock their devices or share passwords without being denied entry, though delays or device seizure for inspection may occur. Hernández Rivera explains, US citizens and lawful permanent residents “cannot be denied entry if they refuse to share their password or unlock their device… [but] that can happen and they can seize it for further inspection.” Visa holders or visitors who refuse, however, risk denial of entry.
To protect your digital privacy, prepare in advance; some travelers choose to leave their primary phones or sensitive info behind. Regardless of status, if your device is taken, document the agent’s name, agency, badge number, and request a receipt. Your device must be returned.
If things escalate, stay calm. You can ask for a supervisor and request to call your attorney, though “the government position is that they do not have to let you speak to one,” says Hernández Rivera. Since immigration is a civil—not criminal—matter, you won’t be appointed an attorney, so it’s essential, especially for non-citizens, to have a trusted lawyer’s contact ready.
How to Protect Yourself From Phone Searches at the US Border
Customs and Border Protection has broad authority to search travelers’ devices when they cross into the United States. Here’s what you can do to protect your digital life while at the US border.
At the border
The border is another entry and exit point, so again, immigration agents here have broader jurisdiction. An important rule to note: If you’re within the so-called 100-mile border zone, you can be stopped and questioned about your immigration status, even if you’re not directly traveling through a port of entry. As Hernández Rivera explains, “within a hundred miles of the border… [agents] can, for example, enter a bus without a warrant and ask for immigration status.”
Still, the Constitution applies to everyone inside the country, regardless of immigration status. “Once you’re in the United States, everybody is protected by the Constitution—whether documented or undocumented,” says Hernández Rivera. This means you have the right to remain silent and the right to refuse a search of your belongings or body, unless law enforcement has probable cause or a warrant. If approached, calmly ask: “Am I free to leave?” If the answer is yes, you should walk away without escalating. If the answer is no, you are likely being detained and should say clearly: “I am exercising my right to remain silent and I do not consent to a search.”
In border zones, it’s especially critical for immigrants to avoid carrying unnecessary documentation that could reveal their immigration status, and to be prepared in case of questioning. As a bystander, if you witness an encounter, you can legally record video (without interfering), take notes, and share what you saw. Having a plan, knowing your rights, and staying calm can make a significant difference in how these interactions unfold.
At home
You do not need to open your door to any ICE agent unless there is an official judicial warrant. “Judicial” is the most important word in that sentence—there are different types of warrants, including a common administrative one, but a judicial warrant (a specific type of warrant that’s signed by a federal judge) is needed for an ICE officer to enter your home. Additionally, “the warrant needs to clearly state who they’re looking for or what they’re going to search,” says Hernández Rivera. This is true for any private space, whether you’re an owner or renter.