April 23, 2025, 8:54 a.m. | Reading time: 8 minutes
Border officials are allowed to search electronic devices such as smartphones, laptops and cameras when entering the United States. What this means for travelers and how they can protect their sensitive data – an overview from Sunnytrips.
In view of the ever-increasing news about denied entry and detentions of German and other travelers to the USA, many holidaymakers are probably wondering whether a trip to the USA is currently safe (Sunnytrips reported). A current security advisory from the Federal Foreign Office now raises one question in particular: Can I still safely take my smartphone, laptop, etc. with me when I enter the USA?
Foreign Office adjusts travel advice
This is what happens during device searchesReasons for searchesDo you have to release your devices for searches?What happens to the data?
Reasons for searches
Do you have to allow your devices to be searched?
What happens to the data?
How can holidaymakers protect themselves?
Foreign Office adjusts travel advice
After cases of entry refusals and detentions increased, the Foreign Office updated its travel advice for the USA. There you can read:
"Travellers should only travel to the USA with a valid ESTA or visa that corresponds to the intended purpose of their stay. Previous convictions in the USA, false information about the purpose of their stay or even slightly exceeding the length of stay when traveling can lead to arrest, detention and deportation upon entry or exit."
The section that raises the question of laptops etc. when entering the USA follows:
"As part of entry controls, US authorities are also entitled to check technical devices such as mobile phones or laptops that are being carried in order to clarify possible suspicions regarding the fulfillment of the entry requirements. In justified cases, the devices can also be read."
Border officials are therefore allowed to request access to business and private electronic devices and can therefore see everything that is stored on them. This includes all apps, photos, messages and all other sensitive data that is on the devices.
Although this is not new, border officials have previously been allowed to request access. The US entry procedure was already considered strict in the past. However, in view of the heated mood, increased controls, numerous deportations and, not least, various tourists who have already had problems at the US borders, the prospect of laptop and smartphone controls reinforces the uneasy feeling that holidaymakers currently feel when entering the USA. Precisely because the previous cases sometimes had the appearance of unclear facts. Not only one affected person reported that the reasons given for deportation and detention were simply wrong.
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Last but not least, there are also data protection reasons; very few people want to be able to view all of their private messages, photos, etc. Especially when the devices are not only looked through quickly, but perhaps even all of the data from them is copied.
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This is what happens when the device is scanned
The US Customs and Border Protection (CBP) reassures in its advisory and explains that although “all travelers crossing the US border” are subject to CBP inspection, only “in rare cases” are “mobile phones, computers, cameras or other electronic devices of a traveler” searched during the inspection. They back this up with a number: “In fiscal year 2024, of the more than 420 million travelers processed at ports of entry, CBP only searched the electronic devices of 47,047 international travelers.” That's around 0.01 percent. The US non-governmental organization American Civil Liberties Union (ACLU) counters that just 8,503 devices were examined in 2015.
Of the devices examined last year, around 90 percent were subjected to a simple search, according to the US border authority. This means that the border officers searched the smartphones, laptops, etc. “manually and without external devices”. The other ten percent, however, involved extended searches. According to CBP, the border officer connects external devices “not only to access the device, but also to review, copy and/or analyze its contents.” However, this is only permissible if there is reasonable suspicion of a violation of the law or a national security risk.
Reasons for searches
According to the CBP, the searches are used to detect and combat terrorist activities, child pornography, drug, human and cash smuggling, human trafficking, violations of export controls and intellectual property rights, and visa fraud, among other things. The search of electronic devices is often “essential to determine a person’s intentions when entering the United States.”
In addition to the investigation of crimes, this also involves visa regulations. This is shown, for example, by the case of the two German high school graduates who were deported because they allegedly planned to work in the USA with their tourist visas. This was reported by WELT, among others.
Do you have to allow your devices to be searched?
The NGO Aclu considers the chances of success of an objection to be slim. She writes, "While you may indicate that you do not consent to such a search, that likely will not stop Customs and Border Protection (CBP) from seizing your phone."
According to the CBP, travelers are even required to “present their electronic devices and the information stored on them in a condition that permits inspection of the device and its contents.” The device must not be locked by a password or other encryption. Anyone who does not unlock their device voluntarily must expect that it will be excluded from entry or even confiscated. In addition, it can be subject to unspecified “other appropriate measures or orders”. In addition, travelers would have to expect “longer processing times”. This can be hours, days, weeks and even months. At the same time, uncooperative travelers must expect that not only their devices, but also themselves will not be allowed to enter the country. Additionally, CBP may “take law enforcement action” and detain travelers accordingly.
However, the CBP says it is only allowed to access information “that is stored on the device at the time of presentation,” but not to external sources such as a cloud.
What happens to the data?
According to the US Border Patrol, passwords and other means of access are deleted after the search. The data that CBP copies may remain stored for a longer period of time. This happens, for example, if there is a reasonable suspicion that it contains evidence of violations of the law or that immigration-related topics are affected. As long as it is not still needed for ongoing investigations, CBP will delete the data after 15 years at the latest.
How can holidaymakers protect themselves?
Even those who are sure that they have done nothing wrong and really just want to vacation in the USA with their tourist visa or ESTA may not feel too comfortable about this prospect. Not least because most of us probably have data stored on smartphones, laptops, etc. that are simply private. So what should you do if you want to travel to the USA despite the prospect of possible device searches? Various data protection experts give an answer: clean up. This means deleting everything from your laptop, smartphone, etc. that is not intended for others to see.
The civil rights union ACLU has written down a whole list of tips that vacationers can use to protect themselves. In it, she recommends only taking as few devices and data volumes with you as are absolutely necessary. This means, for example, a travel smartphone or a laptop on which no private or sensitive data is stored. It can also mean just taking your smartphone with you and leaving your laptop at home. Others even recommend taking a disposable phone with you. However, the question arises as to whether this doesn't seem particularly noticeable since it probably doesn't contain any data at all.
ACLU also advises backing up sensitive data and private photos in an encrypted cloud and removing them from the device itself. Cloud-connected apps should also be disabled. However, anyone who has sensitive data on their devices should inform the border officials before a search. According to the ACLU, the “2018 CBP policy on device searches at the border requires certain procedures before border agents can search attorney-client relationship records or attorney work product.” If you are afraid of viewing photos on your camera, you should back them up, delete them and then format the memory card.
The New York NGO also advises: "Turn off your devices. If you must turn them on, make sure they are in airplane mode and Wi-Fi and Bluetooth are turned off before crossing a border crossing."
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