A recent holding from the United States Court of Appeals for the First Circuit has confirmed that a warrant is not required for searches of cellphones and other communication devices at the U.S. border or any U.S. Port of Entry. The court found that these devices can be searched for contraband without probable cause or warrant.

This holding provides generous leeway for U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE). The court found that the government’s security interests are prioritized when people are crossing the border and these concerns carry more weight than possible privacy issues.

“Given the volume of travelers passing through our nation’s borders, warrantless electronic device searches are essential to the border search exception’s purpose of ensuring that the executive branch can adequately protect the border,” Circuit Judge Sandra L. Lynch wrote for the unanimous court.

Previously, a Massachusetts federal judge found that even though warrants are not required for device searches at the border, reasonable suspicion is required. The search must be for digital content that is contraband itself, and not just digital evidence of contraband. The First Circuit has now found that this interpretation is too narrow.

ILBSG reminds its clients that the search of cell phones, laptops, and other electronics is very common at the U.S. Ports of Entry. This capability is only reinforced through this court ruling. CBP regularly searches these devices during inspection, so clients should be prepared when traveling in and out of the U.S. When looking through phones and laptops, CBP will look through emails, text messages, photos, etc. ILBSG has seen this result in consequences such as revoked visas or expedited removal where CBP discovers derogatory evidence such as fake resumes being sent out for projects, unauthorized work while in the U.S. on F-1, etc. ILBSG urges its clients to carefully maintain status, to avoid any violation which may later be discovered upon inspection. The easiest way to ensure a warrantless search does not impact your status is to make sure you are dutifully maintaining your status and complying with all immigration laws.

If you have questions about this policy or travel in general, please contact an ILBSG attorney today. Our attorneys are experts in immigration and will work with you to ensure you get the right advice.

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