Travelling to the US? Officials Can Search Your Phone Without a Warrant – Even Risqué Texts

A leading digital rights group has issued practical advice for travellers who want to avoid having their phones searched by customs and border officials when entering the United States.

The Electronic Frontier Foundation (EFF), a non-profit focused on digital privacy, has received reports of visa and green card holders being denied entry to the US because of messages found on their devices.

The group says travellers should ask if Customs and Border Protection (CBP) can search their phone, whether they can opt out, and what steps they can take to minimise risk.

'CBP can search your devices. Constitutional protections are generally weaker at US borders, including airports. You can try to opt out, but depending on your specific circumstances, you might not be willing to risk the potential ramifications of not complying, which can include the confiscation of your devices,' the EFF states.

Know Your Risk Before You Fly

Privacy experts advise every traveller to carry out a personal risk assessment. This should take into account factors like immigration status, travel history and the sensitivity of data stored on the device.

There's no universal answer. Some travellers may be carrying politically sensitive material or private communications; others may not. The level of perceived risk will shape how much a person is willing to challenge a phone search or prepare their device before flying.

Even US Citizens Should Prepare

If you're a US citizen, you must legally be admitted into the country. However, that doesn't guarantee smooth sailing. Some jurisdictions allow CBP to coordinate with the FBI or local law enforcement to pursue domestic investigations. That means your device could still be searched.

Expect Secondary Screening

The EFF warns that travellers should be prepared for the possibility of being flagged for secondary screening. If you're asked to hand over your phone, the first decision is whether or not to comply.

Border agents might request your password or ask you to unlock the device. If you choose to comply, it's safer to unlock it yourself rather than give them your passcode. You are legally allowed to refuse, but that choice carries consequences.

As the EFF notes in its border guide: 'This presents a no-win dilemma. If a traveler complies, then the agents can scrutinise and copy their sensitive digital information. If a traveler declines, then the agents can seize their devices and subject the traveler to additional questioning and detention.'

If You Refuse, Be Smart About It

It's possible that refusing a search could work in your favour. An officer might decide you're not worth the hassle and wave you through. But refusing might also lengthen the process or result in your device being confiscated.

If agents do take your phone, ask for a property receipt. This will help you track and retrieve your device later. Even if you don't reveal your password, officers have tools that can break into devices or attempt to guess it. That's why using a strong, complex passcode is essential.