Attorney advises caution for travelers with phones
We are asking a lawyer how you can protect your phone and data privacy at the U.S. border.
Author: Claudine Ewing, WGRZ-TV
Published: 6:51 PM EDT April 14, 2025 Updated: 10:02 AM EDT April 15, 2025
BUFFALO, N.Y. — There have been reports of people being turned away at airports and border crossings over messages found on their phones and laptops
"Customs and Border protection can ask you to turn over your phone and they are able to look at it and go through it. If they don't like what they see on it and there's something that might be unlawful or contrary to newer regulations, they can keep your phone," said attorney Kevin Burke Jr. at Gross Shuman P.C in Buffalo.
Burke said "the Border patrol can ask to review what's on your phone or what's on your laptop, but you can control the scope of what they're looking at, so what I'm telling folks is it's probably a better idea to log out of any email or to log out of any personal accounts. And if they do ask to review your email, or they do ask to look at your laptop, you say something like yes, officer, let me get that for you."
Some of his business clients have been asked to turn over their cell phones or have their laptops reviewed.
The political climate and crackdown on illegal immigrants is part of the reason for the increased scrutiny.
"Strong positions one way or another on what's happening over in Gaza, as an example, strong positions one way or another on Ukraine and Russia, even strong positions on the tariff situation," Burke said. "Those are things that they are looking for and you know if there's a way, to avoid giving them excuse to turn you away."
We also found this general statement and information on the U.S. Customs and Border Protection website. :
U.S. Customs and Border Protection (CBP) is responsible for protecting our nation’s borders and enforcing numerous laws at U.S. ports of entry. CBP’s ability to lawfully inspect electronic devices crossing the border is integral to keeping America safe in an increasingly digital world.
All travelers crossing the United States border are subject to CBP inspection. On rare occasions, CBP officers may search a traveler’s mobile phone, computer, camera, or other electronic devices during the inspection process. These searches have been used to identify and combat terrorist activity, child pornography, drug smuggling, human smuggling, bulk cash smuggling, human trafficking, export control violations, intellectual property rights violations and visa fraud, among other violations. Furthermore, border searches of electronic devices are often integral to determining an individual’s intentions upon entry to the United States and thus provide additional information relevant to admissibility of foreign nationals under U.S. immigration laws.
CBP has established strict guidelines, above and beyond prevailing legal requirements, to ensure that these searches are exercised judiciously and responsibly and are consistent with the public trust.
Attorney advises caution for travelers with phones
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Reports arise of devices being checked at borders amid crackdown on illegal activity, especially affecting non-US-born travelers.