What are your rights if U.S. border authorities ask for your phone?
What are your rights if U.S. border authorities ask for your phone?
Amid the recent news of a U.S. citizen being asked to turn over his phone to authorities at a border crossing, Sophia Cope of the Electronic Frontier Foundation has tips on digital civil liberties.
Related, "Attorney representing a student protester detained by federal immigration agents"
When a man in Michigan was heading home on Sunday from a family vacation in the Caribbean, he was stopped in the Detroit Airport. Federal officers, border agents, detained him, interrogated him and pressured him to hand over his cellphone. The man is a U.S. citizen. He's a civil rights and criminal defense attorney, and among his clients is an activist who has been charged in connection to a pro-Palestinian protest at the University of Michigan.
Archived at https://web.archive.org/web/20250410185452/https://www.npr.org/transcripts/nx-s1-5357455
Tell them to fuck off.
Make sure your phone is already turned off before you go through.
Refuse to let them turn it on.
“I can’t remember my password”
Smile and be polite but make sure they hear the “fuck off nazi” in your tone.
DO NOT CONSENT TO A SEARCH.
I love the spirit of what you're saying, but per the attorney's advice in this article, they might seize your phone no matter what you say, password protection with no fingerprint or face scan unlock should ideally keep them out (note that law enforcement usually can take your picture or finger print you without needing a warrant or anything, but they can't force you to tell them a password), but you will probably never get that device back and you could be detained indefinitely while they try to intimidate you into waiving your 5th amendment silence rights.
I think your best strategies would be 1) just do not travel to the United States if it can at all be avoided; 2) if you must to travel to the US, don't bring any electronic devices capable of storing media with you, purchase new ones after you are past the border, securely download what you need, then erase and destroy those devices before leaving; 3) if purchasing throwaway devices isn't an option, just act as white as you possibly can and just hope you get lucky and they ignore you.
Act as white as possible lol
Face scan unlock is NOT enough. When crossing the border turn OFF the phone. Don't just lock it, full off. The security protections from cellibrite attacks are much much much much stronger if it is off
If you’re a US citizen they can only hold you for 48 hours without pressing charges. I no longer have faith that limit will be enforced, but it’s there in theory.
Why can they detain and seize phone of US citizens that come back from different country back to the US? I thought they are only allowed to check the phone of foreigners that visit USA.
Do you speak Spanish? You might need it in your next destination to communicate with your cellmates.
Don't do that. Be nice and respectful when you are asserting your rights. Nothing good comes from being an ass about it