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Digital Privacy and Device Searches at U.S. Borders: A Traveler’s Guide

LEGAL DISCLAIMER: This information is provided for informational purposes only for those traveling on behalf of Cornell and does not constitute legal advice. The information provided may not be applicable to your specific situation and should not be acted upon without consulting a qualified legal professional. Laws and policies regarding border searches can change rapidly. While we strive to provide accurate and up-to-date information, we make no warranties or representations about the accuracy or completeness of the information provided. Consult with an immigration attorney or legal expert for guidance specific to your circumstances. Cornell University does not verify or endorse any external resources, organizations, or services shared in this communication.

The landscape of digital privacy and device searches at U.S. border crossings continues to evolve, creating uncertainty for international travelers. This guide provides an overview of travelers’ rights and important considerations for entering the U.S. from overseas. 

If you are detained at the U.S. border or require other travel assistance, please call International SOS (ISOS), Cornell’s travel assistance provider, at +1-215-942-8478 (Cornell’s membership number: 11BSCA827281). 

For those seeking additional information about digital privacy at U.S. borders, you may wish to reference Digital Privacy at the U.S. Border, published by the Electronic Frontier Foundation. 

Traveler Categories and Risk Awareness

The level of scrutiny travelers face at U.S. borders will vary based on citizenship status and other risk factors. 

At the border, U.S. citizens benefit from stronger constitutional protections, while permanent residents may encounter increased examination. Visa holders and non-U.S. citizens face the most limited protections.

Several factors may elevate a traveler's risk profile, including:

  • Visa status
  • Country of origin
  • Travel history
  • Social media activity
  • History of participating in protests or activism
  • Working in fields such as journalism or human rights
  • Maintaining certain religious or political affiliations 

Understanding your personal risk profile will help inform you of the precautions you may wish to take. 

Before Travel

  • Evaluate your digital footprint and browser history.
  • If you are a lawful permanent resident or international student affiliated with an educational institution, carefully consider your social media presence.
  • Assess what data is necessary for travel.
  • Switch to web-based email access.
  • Remove social media applications.
  • Delete unnecessary text messages.
  • Log out of all accounts.
  • Strengthen your security with long-term practices, such as:
    • Maintaining separate devices dedicated to travel.
    • Using an internet browser that prioritizes privacy and manually delete your browsing history regularly.
    • Using strong encryption to protect your data.
    • Backing up your data regularly.
    • Protecting and encrypting sensitive information, such as legal documents, trade secrets, journalistic sources, medical information, research data, and financial records.
    • Storing emergency contact information where you can access it quickly.

While U.S. border agents may find it suspicious if they realize that you have deleted some or all of your data before crossing the border, according to the Electronic Frontier Foundation:

  • If you know you will not need certain information during a trip, you may consider deleting it before crossing the border.
  • If you want to remove all of your data, you can use third-party software or, sometimes, built-in options to “wipe” or “factory reset” a device to a blank or pristine state where no user data is readily accessible. It can be difficult to delete information securely in a way that leaves no traces.
  • See Part 3 of Digital Privacy at the Border for more information on securely wiping your device

If you’re a faculty or staff member traveling to a high risk destination, you may be eligible for a Cornell loaner device, which provides a secure alternative to carrying personal or work devices containing sensitive information.

At the Border

U.S. Customs and Border Protection (CBP) Authority

CBP protection officers possess broad authority to search electronic devices without establishing probable cause. This power stems from the "border search exception," which significantly limits Fourth Amendment protections against unreasonable searches and seizures at borders. CBP's jurisdiction extends well beyond immediate border crossings, encompassing areas up to 100 miles from any border or port of entry. Furthermore, any data collected during these searches can be retained by CBP for up to 15 years. For full details, please visit CBP’s Border Search of Electronic Devices at Ports of Entry webpage. 

Rights and Responsibilities During CBP Border Inspection

U.S. citizens maintain fundamental rights, including guaranteed entry and the option to refuse device unlocking, though CBP may still seize devices and examine passwords, biometrics, and social media content. Non-U.S. citizens face more complex scenarios, as refusing compliance could result in denial of entry. Non-citizens often encounter heightened device search scrutiny, and their visa status may impact their rights. 

Professional Conduct During Inspection 

  • Maintain a calm and professional demeanor throughout all border interactions.
  • Provide only truthful responses and limit answers to direct questions asked.
  • When unclear about an officer's request, specifically ask whether they are requesting or requiring compliance.
  • Document all aspects of the interaction, including officer names, badge numbers, times, locations, and search details.
  • Request receipts for any seized devices. 

Importing Goods to the U.S. 

While this document primarily addresses digital devices, importing goods into the U.S. requires compliance with multiple federal regulations and requirements. Failure to follow proper procedures could result in serious consequences, including visa cancellation or revocation of Global Entry privileges. 

The following items* are subject to strict regulation by multiple federal agencies and require special permits or documentation when imported (including carrying in personal luggage): 

  • Biological materials and strains
  • Chemicals
  • Geological samples
  • Human specimens
  • Hazardous materials

*This list is not exhaustive. 

Before importing any of these items to the U.S., you must: 

  1. Review Cornell's import control obligations and requirements.
  2. Contact the Cornell Export Control office for guidance and assistance.
  3. Obtain all necessary permits and documentation.

Additional Resources

Cornell Support:

Schedule a consultation with Cornell’s International Health, Safety, and Security team to:

  • Discuss your specific risks
  • Review your travel plans
  • Create an emergency response plan

External Resources: