Border Control in the Digital Age – Why Entering the US Has Become Riskier for Travelers

Anyone traveling to the United States these days, whether as a tourist, business traveler, or even as a US citizen, should be prepared for a reality that hardly anyone speaks about openly but that can affect everyone: the search of mobile phones and electronic devices by Customs and Border Protection (CBP). Between April and June 2025, CBP officers searched almost 15,000 devices – more than ever before in a comparable period. The increase over the previous record quarter in 2022 amounts to almost 17 percent. The message is unmistakable: smartphones, laptops, or tablets are no longer a private space once you cross a US border.

This is due to a peculiarity of American law. Border zones – including not only airports but also seaports and land borders – are traditionally considered in the US as exceptions to the Fourth Amendment, which otherwise protects citizens from unannounced searches. This means that officers do not need a court order to search devices. On the agency’s official website, travelers are advised to present their electronics “in a condition that allows for the examination of the device and its contents.” In plain language: unlocked, with open access – and if asked, even by handing over the password. For US citizens and green card holders, it is theoretically true that they cannot be denied entry even if they refuse a search. However, they must expect that their device will be confiscated, that it will disappear into government hands for days or weeks, and that they themselves will be subjected to hours of additional questioning. Those entering with a visa or under the Visa Waiver Program have far fewer rights: refusal in such cases can lead to immediate rejection, hours of detention, or even the initiation of deportation proceedings.

The amicus brief filed by the Knight First Amendment Institute at Columbia University and the Reporters Committee for Freedom of the Press makes a persuasive case that warrantless searches of cell phones not only constitute an unjustified governmental intrusion into travelers’ private expressions of religion, personal associations, and journalistic endeavors – they also risk chilling the exercise of those rights. Specifically, amici assert that border searches of electronic devices burden freedom of the press by chilling reporter-source communications. They argue that “journalists are particularly vulnerable to the chilling effects of electronic device searches, both because confidential or vulnerable sources may refuse to speak with reporters for fear that anything they say may end up in the government’s hands, and because such searches can be used to retaliate against or deter reporting critical of the government.”

For tourists this is more than a bureaucratic footnote. At a time when smartphones contain our entire lives – personal photos, messages, bank accounts, travel documents, professional data – a border search in effect means full access to one’s private and professional life. Travelers carrying sensitive data must realize that the threshold for surrendering this information at the US border is alarmingly low. Lawyers and civil rights organizations warn against this development. They point out that this “digital strip search” at the border not only massively restricts privacy but also sets a dangerous precedent. What happens today under the pretext of security can tomorrow become the norm in other areas.

Tips for travelers – how to protect your data when entering

Anyone traveling to the US despite all risks can take precautions. It is advisable to declutter electronic devices before the trip: old chats, sensitive documents, confidential photos should be removed or deleted. Even safer is to use a substitute device – such as a simple “travel phone” without private data. Cloud services can be temporarily deactivated to prevent officers from gaining access to entire online archives through stored login data. Passwords should be chosen so that they can quickly be changed once you have entered. It is also worthwhile to inform yourself legally beforehand: US citizens cannot be denied entry, but the confiscation of devices is possible. For foreign visitors, refusal of a search can have significant consequences. In both cases, the rule is: those who are prepared, who configure their devices consciously and keep sensitive content away from the outset, drastically reduce the risk.

Freedom under reservation

The United States likes to present itself as the land of freedom. But at its borders it becomes clear that this freedom increasingly exists only under reservation. For visitors this means: the most beautiful trip can already in the arrival terminal turn into an unwanted confrontation with the digital surveillance state. Those who are aware of the reality and take the necessary protective measures can at least ensure that this encounter does not result in a total loss of their privacy.

Investigative journalism requires courage, conviction – and your support.