Taylor Ryan

Immigration is our Business

  • About
    • Why Us?
    • Meet the Team
    • Success Stories
    • Testimonials
  • Services
    • Individuals
    • Organizations
    • Speaking Requests
  • Resources
    • Immigration Overview
    • Temporary Visas
    • Permanent Residence
  • News
  • Client Portal
  • Contact

Can Border Officers Search My Smartphone and Laptop?

March 22, 2017 By Frances Taylor

It is important to know your rights and responsibilities when you prepare to travel internationally. This is especially true of traveling into the United States at this time. The U.S. border is protected by the U.S. Department of Homeland Security, in part through its components, U.S. Customs and Border Protection (CBP) and the U.S. Border Patrol (BP).

All travelers who wish to enter the U.S. must present themselves for inspection by a CBP Officer. Whether this happens at the U.S.-Canadian border, U.S.-Mexican border, or at an international airport or other port of entry, U.S. law considers the area to be a border zone, where the protections of the U.S. Fourth Amendment do not apply. Under this “border search exception,” CBP Officers do not need a warrant or even a reasonable suspicion to search you, your luggage, and your belongings.

In 2009, CBP published its current policy1 on the search of electronic devices that are located in border zones. While this policy has not been challenged and upheld in court, the fact remains that CBP Officers can and routinely do ask to inspect laptops, tablet computers, smartphones, and other electronic devices. But do you have to unlock the device for CBP, or give them your password for social media accounts?

For U.S. citizens, the answer is “no.”2 U.S. citizens are free to decline CBP’s request to unlock their electronic devices and refuse to permit a search of their email, social media accounts, and their smartphone’s metadata. U.S. citizens cannot be denied entry into the U.S. for refusing to comply with a request to unlock a device or share a password. However, CBP can detain individuals in Secondary Inspection while they check on identity and admissibility issues, and they can hold the electronic device for weeks or even months before returning it.

For lawful permanent residents3 (so-called “green card holders”) and nonimmigrant workers and visitors (who are traveling with a B, F, H, L, O, P, etc. visa), the situation is less secure. CBP is not supposed to detain permanent residents, or refuse them entry into the U.S. because they refuse to unlock a device or share password(s). But, there is a risk that CBP may look for a reason to issue the individual a Notice to Appear before a U.S. immigration judge. Temporary visa holders are even more vulnerable. CBP can refuse entry to nonimmigrant workers and visitors, or they can detain these travelers and return them back to their last country of origin at the individual’s expense.

No one has the right to counsel4 or to speak with their attorney while at the border or in CBP offices located at airports or at the physical borders of the U.S. Preparation and awareness of these rules are the best policy. Be prepared to agree or to refuse a request to search your laptop or smartphone. Understand your rights and when you can safely refuse to cooperate with a CBP request. If you are concerned at all about exposing confidential information in your electronic devices, the smartest policy would be to leave any sensitive devices at home.

1 https://www.dhs.gov/xlibrary/assets/cbp_directive_3340-049.pdf
2 https://help.cbp.gov/app/answers/detail/a_id/176/~/cbp-search-authority
3 https://help.cbp.gov/app/answers/detail/a_id/1191/~/traveling-outside-of-the-u.s.—documents-needed-for-lawful-permanent-residents
4 https://www.americanimmigrationcouncil.org/sites/default/files/foia_documents/access_to_counsel_cbp_foia_factsheet.pdf

Filed Under: News

Francisco Leon

“I have a lot of experience in working with immigration attorneys, and I wholeheartedly recommend the superb services and counsel of Mary Ryan and the team at Taylor & Ryan — they truly rise to the top of their field. After holding a J-1 and three O-1 visas and now, thanks to Mary, a Green … Read More "Francisco Leon"
Read More

Dennis Mesko

“Taylor & Ryan has provided immigration legal services to the University of Maryland Center for Environmental Science (UMCES) for about the past 7 years. The nature of our work requires specialized scientific knowledge from a limited number of potential candidates in a worldwide employee market place. Our ability to rely on the expertise of Taylor … Read More "Dennis Mesko"
Read More

Reid Bowman

“At Allegis Group, we hire hundreds of thousands of temporary workers across our business groups — compliance is critical. Taylor & Ryan had a deep understanding of our business and helped us think through highly complex immigration scenarios as a true strategic extension of our team. They went far above and beyond to provide a … Read More "Reid Bowman"
Read More

Sonja W. Scholz, MD, PhD

“For someone who is a professional researcher and puts in very long work days, Taylor & Ryan is the ideal immigration law firm. They are true professionals, very efficient, and provide you with access to an online secure database to facilitate your case. I had concerns about being able to maintain my overseas conference schedule … Read More "Sonja W. Scholz, MD, PhD"
Read More

Diane Davis

“Kollmorgen is a large corporation with diverse needs when it comes to immigration legal matters, and we have come to rely on the team at Taylor & Ryan for their professionalism, consistency, and knowledge sharing. When you work with Taylor & Ryan, there’s a personal touch. I always get a response to inquiries within 24 … Read More "Diane Davis"
Read More

Karen Rasch

“As a growing and evolving academic institution, Loyola University has come to appreciate the true partnership we have with the team at Taylor & Ryan. While their online case management system is easy to use and the forms are all readily available for seamless filing, what I have really come to value is that they … Read More "Karen Rasch"
Read More

Aparna Maybhate

“My husband and I both were applying for permanent residency on our own, so we needed to build our case based on the importance of our work. He works for Johns Hopkins University, and I’m an astronomer doing instrument calibration and user support for the Space Telescope Science Institute. Given the broad-reaching impact of my … Read More "Aparna Maybhate"
Read More

Deborah Bedwell

“Instead of using clay, paint, tools and brushes, Mary Ryan uses the law to create something truly beautiful out of something that would otherwise be a mess. She understands the unique flavor that international artists bring to our community to enhance its richness, intensity and vigor. Baltimore Clayworks and the artistic community locally, regionally, and … Read More "Deborah Bedwell"
Read More

David Graham, PhD

“Mary and her staff were able to help us quickly navigate the requirements for permanent residence status. They were professional and courteous and helped us stay on track for document preparation through personal contact and excellent software that helped us manage the application through all phases. The end result was an application that was approved … Read More "David Graham, PhD"
Read More

Dianna C. Palien

“As a cutting-edge teaching hospital renowned for top-flight medical professionals, St. Agnes Hospital has come to appreciate the consistent, thorough, and highly responsive relationship we have with Frances Taylor and the team of immigration legal experts at Taylor & Ryan. They provide us with timely, relevant updates combined with reliable strategic counsel on the best … Read More "Dianna C. Palien"
Read More

Jennifer Kerilla

“The Johns Hopkins University Medical Institution has a lot of moving parts with many complex immigration matters across the medical campus, including those for the hospital and health systems as well as the University’s Schools of Medicine, Public Health, and Nursing. While immigration matters may be unpredictable in nature, I have absolute confidence that no … Read More "Jennifer Kerilla"
Read More

ftaylor@taylor-ryan.com

410.486.5800

1777 Reisterstown Road
Suite 265
Baltimore, MD 21208

  • Facebook
  • Linkedin
  • Twitter

Design by The SELO Group