Traveling this summer? When you return, prepare your devices for search at the U.S. border

Going abroad is exciting. And, in today’s America, coming back can be exciting too. But not in a good way. In a nerve-racking way. In a “I’m sweating and fidgeting and I’m sure I look guilty and I haven’t even done anything” way.

If you’ve been watching the news, you’ve seen the stories. Travelers returning to the U.S. are being put through the wringer by officers of Customs and Border Protection. Often, CBP agents are focusing on devices, accessing phones and laptops and going through them with a fine-tooth comb. If they don’t like what they see, they could confiscate those devices.

Chances are you won’t be stopped. The number of people who get searched is small and Homeland Security claims the number is not higher this year than last. That may be so (the data isn’t in yet) but there is plenty of anecdotal evidence that searches are, if not more frequent, different now. They’re more thorough, they’re aimed at new targets and they can be more judgmental.

Sometimes, it seems, what they’re judging is your politics. In March, CBP officers stopped and searched a French scientist traveling to a conference near Houston, went through his laptop and phone and found messages critical of the current administration’s research policy. He was put on a plane back to Europe the next day—without his phone and laptop, which were confiscated.

He was not a U.S. citizen, of course, and so had fewer rights at the border than a U.S. citizen does. If you’re a U.S. citizen, you can’t legally be barred from the U.S. at a port of entry. But you can still be put through a hassle.

These are your rights (fewer than you might think)

The 4th Amendment protects U.S. citizens from “unreasonable searches and seizures” but at the border not so much. CBP officers have broad powers to search you and your property, including your devices. They don’t need a warrant or probable cause. They can open your devices and access your messages, emails, social media accounts, contacts, photos and other personal data. If you refuse to give access, CBP may take your phone and laptop and keep them indefinitely. CBP can’t deny you entry to the U.S. but it can delay or detain you.

CBP officers do two types of device searches: basic and advanced. In a basic search, they go through your device and review whatever they find. In an advanced search, they hook up your device to their equipment “not merely to gain access to the device but to review, copy and/or analyze its contents.” Advanced searches are supposed to be done only when there is “reasonable suspicion” that you’ve violated the law or you’re a national security risk. But the current administration has expanded the definition of national security risk to include remarks critical of the administration, as demonstrated by the deportation of that French scientist.

So what happens if you refuse to give access to your devices? As noted, CBP can’t deny you entry to the U.S. if you’re a citizen but it can seize your devices and possibly delay your travel.

To avoid all that, there are steps you should take to scrub your devices before you reenter the country. So if you are unlucky enough to be pulled aside for a search, there won’t be anything for CBP to find.

Turn off your phone

Courts have ruled that there’s a difference between a passcode and a face or fingerprint scan. If CBP agents ask for your passcode, that’s considered compulsion of your testimony—and compulsion of verbal testimony is prohibited by the 5th Amendment. But a face or fingerprint scan is not considered testimony and is not protected.

If you switch off your phone when approaching customs, CBP agents who want to search it will have to switch it on and ask for your passcode to get beyond the lockscreen. This adds a layer of difficulty for agents. They’re allowed to ask for your passcode but you’re not required to give it. If you refuse, though, agents can seize your phone or other device and keep it indefinitely.

If you don’t have a passcode on your phone, think about adding one before you travel.

Sanitize your devices

If you’re worried that content on your phone could be troublesome or misconstrued, delete it. That goes for photos, texts, emails, contacts and social media posts.

If you have content you want to keep, upload it to the cloud before you delete it, then download it later. CBP is not allowed to use your device to access data stored remotely.

Take a different phone

If you have a phone other than your primary, think about bringing that one. This will save you the bother of deleting personal content. But make sure the backup phone is also scrubbed of contacts, photos, texts and social media apps.

You could buy a burner phone and take it with you. Keep in mind that if you’re traveling with a phone that has no content and only a few apps, this may be a red flag for CPB. But a lot of people do it and there are perfectly reasonable explanations for why.

CREDO Mobile cares about privacy. That’s why we support the ACLU, whose Privacy and Technology division defends your right to privacy and protects you against surveillance technologies. And Fight for the Future, which advocates technology as a force for liberation, not oppression.

We share your values and we work for them every day. We fight for causes like climate action, abortion rights and an economy that works for all of us. To date, we’ve donated over $95 million to hundreds of progressive nonprofits, including Friends of the Earth, Reproductive Freedom For All and the National LGBTQ Task Force.

Like the sound of that? A lot of people do. That’s why they’re switching to CREDO Mobile. They’re making the change and making a difference for what they believe in. You can too. Just go to CREDOMobile.com.