Business travelers, HR and immigration professionals and visa holders must understand how to protect sensitive information and minimize risk with US Customs and Border Protection (CBP) authorized to search electronic devices at ports of entry.
These CBP border searches are at times being conducted without a warrant or suspicion.
With so much information out there, here’s what you need to know about these latest developments. We created this blog in collaboration with Corporate Immigration Partners.
CBP’s Authority: What to Expect at the Border
CBP can inspect electronic devices, such as smartphones, laptops and tablets, among others, of anyone entering the U.S. This includes U.S. citizens and non-citizens.
CBP may conduct these searches at U.S. ports of entry, such as airports, land borders and seaports. CBP may even conduct these searches at pre-clearance locations abroad, like Dublin or Toronto.
CBP may conduct two types of device searches:
- Basic Search: A manual device inspection by a CBP officer without using external tools.
- Advanced Search: This involves connecting external equipment to copy or analyze data. CBP must have a reasonable suspicion that an individual is violating the law or is a national security concern, and a senior manager must provide pre-approval before conducting an advanced search.
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