Electronic device searches by U.S. border officials are on the rise, data shows.
‘Judiciously and responsibly’
Searches typically involve an officer manually perusing the contents of a device, not including any information that is stored remotely. Mobile data, WiFi and other connections are disabled before a search begins, CBP notes.
In cases where there is “reasonable suspicion of a violation of law … or a national security concern,” border agents may conduct an advanced search, which uses external equipment to “review, copy, and/or analyze” a device’s contents.
In the past two fiscal years, between nine and 10 per cent of all searches have been advanced, on average.
CBP says that all travellers are obligated to “present their electronic devices and the information resident on the device in a condition that allows for the examination,” if asked. Failure to comply, such as by withholding a passcode or fingerprint, does not automatically disqualify a foreign national from entry to the United States, though the agency says the device may be taken into custody anyway, and noncompliance may factor into the final decision to allow or deny entry.
“CBP has established strict guidelines, above and beyond prevailing legal requirements, to ensure that these searches are exercised judiciously and responsibly and are consistent with the public trust,” its FAQ reads. “Admissibility determinations are made based on the totality of the circumstances.”
Traveller concerns
Phone searches and other additional screening at U.S. borders have sparked concerns in recent months amid the Trump administration’s renewed scrutiny on immigration.
In April, Canada updated its travel advisory for the United States, warning that visitors should “expect scrutiny at ports of entry, including of electronic devices.”
“Comply and be forthcoming in all interactions with border authorities,” the advisory reads. “If you are denied entry, you could be detained while awaiting deportation.”
According to CBP, searching devices helps to uncover a variety of criminal activity, including terrorism, child exploitation, human and drug trafficking, smuggling and illegal immigration, as well as “additional information relevant to admissibility of foreign nationals under U.S. immigration laws.”
But some have raised fears that criminality isn’t the only factor to cause issues at the border.
In March, a French scientist on his way to Houston was turned away following a search of his smartphone and laptop. The issue, according to one French cabinet minister, arose out of messages found on the phone that referenced “his political opinion on the policies of the Trump administration.”
In an interview with CTV News earlier this year, Vancouver immigration lawyer Cindy Switzer warned of the power that border agents wield.
“The issue is that border officers have full discretion in order to grant somebody admission,” she said. “They can deny somebody admission for any reason.”
With flies from CTV News Vancouver’s Ben Miljure and AFP
https://www.cbp.gov/newsroom/stats/cbp-enforcement-statistics-fy2023

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