By Kelly D. Cobb

U.S. Customs and Border Protection (CBP) may search the electronic devices of U.S. citizens, lawful permanent residents, and international travelers entering the United States at land crossings, airports, and seaports.

Electronic device searches can raise significant privacy, confidentiality, and business-continuity concerns. A single device may contain personal information, attorney-client privileged communications, trade secrets, confidential business records, immigration documentation, and access credentials for cloud-based systems.

Travelers who decline to provide access to a device may face practical consequences. CBP may detain or seize the device for further inspection, sometimes for weeks or longer. Non-citizens—including lawful permanent residents and visa holders, may face immigration-related consequences such as extended secondary inspection, delays, or denial of admission. At preclearance locations abroad, refusal may result in denial of boarding.

Although legal protections at the border are more limited than in other contexts, travelers can reduce risk through advance preparation, a clear understanding of how to respond during an inspection and taking steps to protect your data.

Practical Steps Before Travel

Travel light. Carry only the devices and data necessary for the trip. Consider using a dedicated travel device that contains minimal personal, confidential, or client information and is not connected to enterprise systems.

Back up important information. Save essential files securely before departure and store backups separately from the travel device. Avoid carrying unnecessary copies of sensitive documents, particularly those subject to legal privilege or regulatory restrictions.

Use strong access controls. Enable full-disk encryption and use complex passwords rather than biometrics, as courts have more consistently treated passcodes as protected under the Fifth Amendment. Multifactor authentication adds an additional layer of security for sensitive accounts.

Limit cloud access. Sign out of sensitive applications and remove apps not needed during travel. CBP’s authority generally covers data on the device, not data stored solely in the cloud—but apps that store data locally may blur that boundary.

Minimize stored data. Remove unnecessary files and applications before crossing the border. Note that simply moving files to the trash may not securely delete them; use secure-deletion tools or consult IT personnel for proper data removal.

Power down devices. Turn devices completely off before reaching the border. Powering down ensures that full-disk encryption is engaged, reduces exposure to unauthorized access, and confirms that all security settings are active upon restart.

Plan for privileged or confidential information. Those handling sensitive information should coordinate with counsel or IT security before travel to determine what must remain off the device. This coordination should address what protocols apply if a search occurs, and how to assert privilege or confidentiality during an inspection.

During a CBP Inspection

Remain calm and respond truthfully. If a device contains privileged or sensitive information, identify that concern at the outset and request a supervisor be present before review proceeds.

US citizens can refuse to answer questions other than identity and travel information.

CBP has the authority to inspect all electronic devices. You are not required to provide passwords but refusing to do so may result in denial of entry and/or device seizure for visa holders.

If a search occurs, document the interaction promptly, including the date, location, officer names and badge numbers, questions asked, whether the device left the traveler’s presence, and whether it was copied or detained.

Jackson Walker’s Business Immigration attorneys continue to monitor developments affecting international travelers and employers with cross-border workforces. If you have questions about border inspections, travel preparation, or developing protocols for employees who carry sensitive information when entering the United States, please contact a member of the Jackson Walker Business Immigration practice.

The opinions expressed are those of the author and do not necessarily reflect the views of the firm, its clients, or any of its or their respective affiliates. This article is for informational purposes only and does not constitute legal advice. For additional assistance please contact Kelly D. Cobb or a member of the Business Immigration & Compliance practice.

Meet Kelly

Kelly D. Cobb is a partner in the Business Immigration & Compliance section of Jackson Walker’s Houston office. Kelly primarily focuses on U.S. corporate immigration law, including applications/petitions for all visa categories and paths to U.S. permanent residence and naturalization. She offers experienced counsel related to navigating the intricacies of ever-changing laws, regulations, and government processes in Immigration law. She has more than 20 years of experience counseling clients in the development and implementation of strategic immigration policies and advising U.S. and international clients on immigration issues related to corporate restructuring, including mergers and acquisitions, joint ventures, and start-ups.