A border officer asks to search your iPhone

What CBP says it can do with electronic devices at the US border, and what you can prepare before you travel. General information, not legal advice.

This page summarizes published policy and general travel preparation. It is not legal advice, and border practice changes. Your citizenship, immigration status and travel history all change the risk, so a lawyer who knows your facts can tell you far more than any web page.

CBP’s stated policy

CBP separates searches into two kinds. In a basic search, an officer looks through the device by hand. In an advanced search, an officer connects equipment to copy or analyze the contents, and CBP policy requires reasonable suspicion or a national security concern plus a senior manager’s approval.

On its public page, CBP also states the following:

• All travelers crossing the border are subject to inspection, regardless of citizenship.
• A device that cannot be inspected because of a passcode or encryption may be excluded or detained, and processing may take longer.
• A US citizen will not be denied entry for failing to present a device in a condition that allows examination, though the device may still be detained.
• For a foreign national, CBP may weigh noncompliance when deciding admissibility.
• CBP may retain copies of information in certain cases, and retained records may be kept for up to 15 years.

The Electronic Frontier Foundation published an older guide on this topic and notes that some of its recommendations may be out of date. The ACLU keeps a know-your-rights page for airports, and it warns that certain noncitizens should weigh the risks of flying, including on domestic flights.

Prepare before you travel

Sort your phone by what you would not want an officer to read. Medical photos, intimate pictures, documents about your immigration case and work files for clients are the usual ones. Then decide among these options, ideally with advice if the stakes are high:

• Leave it at home. Data you do not carry cannot be examined at the border. A backup kept elsewhere means a detained phone does not cost you the photos.
• Check what is stored locally. With iCloud Photos on, your phone may hold a full library or smaller optimized versions.
• Back up first. EFF suggests this in case a device is seized.

EFF also warns that unusual precautions may make agents suspicious, and that dragging a file to the trash does not always delete it. If you are thinking about removing anything shortly before a crossing, ask a lawyer first.

Your phone settings

If you decide to lock biometrics before inspection, hold the side button and either volume button for two seconds, then press the side button when the sliders appear. Apple says the phone will then need your passcode. A restart has the same effect. EFF recommends powering devices down before arriving at the border.

A Hidden album or a locked app does not settle this situation. If an officer has an unlocked phone, those features ask for the same passcode that opened the phone.

If you need help

Find help before you travel if you can. USCIS warns that a notary public in the United States is not an attorney and cannot represent you in immigration matters. It links to directories of licensed attorneys and accredited representatives. For nonprofit help, see the list in immigration documents on your iPhone.

If an officer keeps your device, write down what happened as soon as you can, while the details are fresh, and give those notes to your lawyer.