April 24, 2025, 9:40 am | Read time: 7 minutes
U.S. border officials are permitted to search electronic devices such as smartphones, laptops, and cameras upon entry into the country. Here’s what this means for travelers and how they can protect their sensitive data — an overview from TRAVELBOOK.
In light of ongoing reports about denied entries and detentions of German and other travelers to the U.S., many vacationers are likely wondering if a trip to the U.S. is currently safe. A recent security advisory from the German Foreign Office raises a particular question: Can I still bring my smartphone, laptop, and other devices without concern when entering the U.S.? TRAVELBOOK gives an overview over deevice checdks on U.S entry.
Overview
German Foreign Office Updates Travel Advisories
After an increase in cases of denied entry and detentions, the German Foreign Office has updated its travel advisories for the U.S. It states:
“Travelers should only enter the U.S. with a valid ESTA or visa that corresponds to the intended purpose of stay. Criminal records in the U.S., false statements about the purpose of stay, or even minor overstays can lead to arrest, detention, and deportation upon entry or exit.”
The section that raises the question about laptops and other devices when entering the U.S. follows:
“As part of entry control, U.S. authorities are authorized to check carried electronic devices such as mobile phones or laptops to clarify possible suspicions regarding entry requirements. In justified cases, devices may also be read.”
Border officers can demand access to both business and personal electronic devices and can view everything stored on them. This includes all apps, photos, messages, and other sensitive data on the devices.
This is not new, as border officers have previously been allowed to request access. The U.S. entry process has long been considered strict. However, given the heightened tensions, increased controls, numerous deportations, and various tourists who have already faced issues at U.S. borders, the prospect of a laptop and smartphone check intensifies the uneasy feeling travelers currently experience when entering the U.S. Especially because previous cases sometimes appeared to have unclear facts. Some affected individuals reported that the stated reasons for deportation and detention were simply incorrect.
Additionally, privacy concerns arise, as few would want all their private messages, photos, and more to be scrutinized. Especially if the devices are not just quickly checked but potentially have all data copied.
What Happens During a Device Search
The U.S. Customs and Border Protection (CBP) reassures in its guidelines, explaining that while “all travelers crossing the U.S. border” are subject to CBP control, only “in rare cases” are “mobile phones, computers, cameras, or other electronic devices of a traveler” searched during the inspection. They support this with a number. “In fiscal year 2024, of the over 420 million travelers processed at ports of entry, CBP searched the electronic devices of only 47,047 international travelers.” That’s about 0.01 percent. The American Civil Liberties Union (ACLU) counters that in 2015, only 8,503 devices were examined.
Of the devices examined last year, about 90 percent underwent a simple search, according to the U.S. border agency. This means that border officers manually searched the smartphones, laptops, and other devices without external equipment. In the other roughly ten percent, advanced searches were conducted. In these cases, according to CBP, external devices are connected. This is done “to not only access the device but also to review, copy, and/or analyze its contents.” This is only permissible if there is a justified suspicion of a legal violation or a national security risk.
Reasons for Searches
According to CBP, searches are conducted to detect and combat terrorist activities, child pornography, drug, human, and cash smuggling, human trafficking, violations of export controls and intellectual property rights, and visa fraud. The search of electronic devices is often “essential to determine a person’s intentions when entering the U.S.”
In addition to investigating crimes, visa regulations are a particular focus. This is illustrated by the case of two German high school graduates who were deported because they allegedly intended to work in the U.S. with their tourist visas. This was reported by WELT, among others.
Do You Have to Allow Your Devices to Be Searched?
The NGO ACLU considers the chances of successfully objecting to be low. They state: “You can express that you do not consent to such a search, but this is unlikely to prevent Customs and Border Protection (CBP) from seizing your phone.”
According to CBP, travelers are even required to present “their electronic devices and the information stored on them in a condition that allows for the inspection of the device and its contents.” The device must not be locked by a password or other encryption. Those who do not voluntarily unlock their device may be denied entry or even have it confiscated. Additionally, they may face unspecified “other appropriate measures or orders.” Travelers should also expect “longer processing times,” which can range from hours to days, weeks, or even months. Uncooperative travelers may find that not only their devices but also they themselves are denied entry. Furthermore, CBP can “take law enforcement actions” and detain travelers accordingly.
However, according to their own statements, CBP may only access information “stored on the device at the time of presentation,” not external sources such as a cloud.
What Happens to the Data?
According to the U.S. border protection agency, passwords and other access means are deleted after the search. The data copied by CBP may be stored longer if there is a justified suspicion that it contains evidence of legal violations or immigration-related issues. Unless needed for ongoing investigations, CBP deletes the data no later than 15 years.
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How Can Travelers Protect Themselves?
Even those who are sure they have done nothing wrong and genuinely intend to vacation in the U.S. with their tourist visa or ESTA may feel uneasy about these prospects. Especially since most of us have data on smartphones, laptops, and other devices that are simply private. So what to do if you want to travel to the U.S. despite the possibility of device searches? Various privacy advocates offer an answer: Clean up. This means deleting everything from laptops, smartphones, and other devices that is not meant for others’ eyes.
The civil rights union ACLU has compiled a whole list of tips for travelers to protect themselves. They recommend taking only as few devices and data volumes as absolutely necessary. This could mean a travel smartphone or a laptop without private or sensitive data. It could also mean taking only the smartphone and leaving the laptop at home. Others even suggest taking a disposable phone. However, this raises the question of whether that might seem suspicious, as it likely contains no data.
ACLU also advises securing sensitive data and private photos in an encrypted cloud and removing them from the device itself. Apps connected to the cloud should also be disabled. If you have sensitive data on your devices, you should inform border officers before a search. According to ACLU, the “2018 CBP directive on border searches of electronic media prescribes certain procedures before border officers can search documents related to attorney-client relationships or attorneys’ work products.” If you’re worried about photos on your camera being viewed, you should back them up, delete them, and then format the memory card.
The New York NGO also advises: “Turn off your devices. If you need to turn them on, make sure they are in airplane mode and Wi-Fi and Bluetooth are disabled before crossing a border.”