The bill introduces legislation that may require law enforcement officials to obtain a search warrant prior to device search at the border. The bill, called ‘Protecting Data at the Border Act’ is meant to limit authorities from searching phones, laptops, and any other device without a proper legal basis.
The bill requires officials to have a warrant based on probable cause before accessing a personal device. It also limits the detention of individuals at the border if they don’t share their passwords, PINs, or other device information. Emergency situations are exempt, of course, and allow for warrantless search if the threat of serious injury or acts that threaten national security are present. However, even in these situations, authorities are required to get a warrant after the fact. If the warrant isn’t granted after these emergency situations, all information gathered is to be deleted and disclosure to any government entities is prohibited.
The history of searching devices at the border is long debated. In 2019, a federal judge found there must be reasonable suspicion prior to searching a personal device. However, earlier this year the First Circuit ruled that a warrant or probable cause is not required to search phones and laptops at points of entry to the U.S. for international citizens.
The bill has been introduced in the House.
ILBSG continues to monitor evolving legislation for all immigration-related issues. If you have questions about any immigration topic, contact us at ILBSG. We put our expertise and experience to work for you to ensure you get the right advice.
