If U.S. Customs and Border Protection (CBP) asks to inspect your phone at a U.S. port of entry, stay calm and clarify whether the officer wants you to unlock it or provide a passcode. CBP says travelers are expected to present devices in a condition that allows inspection. Refusing or being unable to unlock a device can delay processing and may lead to the device being detained, excluded, or otherwise acted upon. The effect on entry differs for U.S. citizens and foreign nationals seeking admission.
What to say and do in the moment
Speak calmly and do not guess about what the officer is asking. You can ask, “Are you asking me to unlock the phone or provide a passcode?” and “Is the device being detained?” These are practical questions for clarifying the request, not scripts that guarantee a particular outcome.
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CBP’s published policy says travelers must present electronic devices and information resident on them in a condition that allows examination. If a passcode, encryption, or another security feature prevents inspection, CBP says the device may be detained, excluded, or otherwise acted upon, and processing may take longer. Do not assume that declining to provide access has no consequences, or that a password request means you will automatically be denied entry.
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How the consequences differ by traveler status
| Traveler | What CBP says about entry | What may still happen to the device |
|---|---|---|
| U.S. citizen | CBP says it will not deny a U.S. citizen entry solely because it cannot inspect the device. | CBP says the device may still be detained, excluded, or otherwise acted upon, and processing may take longer. |
| Foreign national applying for admission | The traveler must establish eligibility to enter. CBP says noncompliance and inability to inspect may be considered as part of the totality of circumstances, but device access alone does not determine admissibility. | CBP says the device may be detained, excluded, or otherwise acted upon, and processing may take longer. |
These are summaries of CBP’s published policy, not a complete account of every legal question or a prediction about an individual inspection. See CBP’s guidance on border searches of electronic devices.
What kind of phone search CBP describes
Basic search
CBP defines a basic search as a manual review of the device without external equipment.
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Advanced search
CBP defines an advanced search as connecting external equipment to review, copy, or analyze device contents. Under CBP policy, an advanced search requires reasonable suspicion of a relevant violation of law or a national-security concern, plus advance approval by a senior manager. Those are CBP policy conditions, not a complete statement of every applicable court ruling or an assurance about what will happen in a particular encounter.
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On-device information versus cloud data
CBP’s policy says a device search is limited to information resident on the device; officers may not use the device to access information stored only remotely. The policy directs officers to disable network connections to avoid accessing remote data. CBP also says any passcode or other access means a traveler provides will be used as needed for the device examination, then deleted or destroyed when no longer needed for that search, and not used to access remote-only information.
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How common CBP says device searches are
CBP reported 47,047 electronic-device searches among more than 420 million travelers processed at U.S. ports of entry in fiscal year 2024, describing that as less than 0.01% of arriving international travelers encountered at ports of entry. Of those searches, CBP classified 42,725 as basic searches, approximately 90%. These are CBP’s published FY 2024 figures; their low frequency does not guarantee that a particular traveler will not be searched.
When to get legal or professional advice
- If you are carrying attorney-client privileged material, the ACLU advises telling the agent that the material is privileged.
- Journalists with sensitive material are advised by the ACLU to consult organizational counsel or a press association before travel. The ACLU also advises journalists who believe their rights were violated to contact the organization.
- If your immigration status or the consequences of a search are especially important to your case, seek advice from a qualified attorney before traveling when possible.
The ACLU’s recommendations are civil-liberties guidance, not binding legal authority. Neither notifying an agent about sensitive material nor asking a question is a promise that a search will be prevented.
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Sources and scope
This guidance concerns CBP inspections at U.S. ports of entry; it does not automatically apply to another country or to other law-enforcement encounters. CBP policy, laws, and litigation can change, and the guidance here is not individualized legal advice. For CBP’s policy and FAQs, consult U.S. Customs and Border Protection. For civil-liberties commentary and practical recommendations, see the ACLU’s March 21, 2025 article on border searches of electronic devices.
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