To say we are inundated with questions about international travel would be an understatement of the Administration.  

It’s not just visa holders and green card holders who are worried even naturalized U.S. citizens are feeling uneasy. Many immigrants who have proudly become U.S. citizens after years of braving the complex immigration system now fear that heightened scrutiny at the border, increased profiling, and potential policy changes could impact their ability to travel internationally.   

We’ve heard from countless people (naturalized citizens, permanent residents, and visa holders alike) who are asking: 

❗️ “Will I be able to re-enter the U.S. after traveling abroad?”

❗️ “What happens if I’m questioned at the airport?”

❗️ “Will my phone be searched?  

Fear is the common thread that runs through all these concerns, regardless of status. And some (like us) would argue that this is the aim of the game for this Administration.  

The uncertainty is creating anxiety across all immigration statuses, making it clear that no one feels fully safe and secure about international travel under the current Trump Administration. 

As a law firm founded by immigrants for immigrants, we are here to help. For this reason, we’ve decided to launch Trump Travel Tips, a series of blog posts that will answer your questions and provide actionable guidance to safeguard your immigration status while traveling internationally. Whether you’re a student on an F-1 visa, a professional on an H-1B, a green card holder visiting family, or a U.S. citizen with ties to countries that could face renewed restrictions, this series is for you. 

 

What You Need to Know About Electronic Searches at the Border 

Today’s post covers a concern that affects everyone trying to enter the U.S. at an airport or land crossing – electronic searches.  

Whether you’re a visa holder, green card holder, naturalized U.S. citizen, or even a natural-born U.S. citizen, you could face increased scrutiny of your phones, laptops, and other electronic devices at ports of entry. Under the second Trump Administration, we’re already hearing reports of a surge in electronic searches (devices and social media accounts alike) as border officials ramp up enforcement and exercise broader discretion. 

While Customs and Border Protection (CBP) claims these searches are rare and necessary for national security, under the Trump Administration they have become more frequent and intrusive, raising serious concerns about privacy violations and political targeting. 

 

Can CBP Search My Phone or Laptop? 

Yes. CBP has the authority to search personal electronic devices without a warrant, including phones, laptops, and cameras. Officers can review messages, photos, emails, and social media accounts. Refusing to comply could lead to being denied entry (if you are not a U.S. citizen or green card holder) or having your device confiscated for further inspection. 

According to CBP, less than 0.01% of travelers experience these searches in fiscal year 2024, but recent reports suggest they are happening more frequently under the Trump Administration. There is also increasing evidence that these searches are being used to target individuals based on their political views and country of origin.  

  

Who Is Most Likely to Be Targeted? 

CBP officers have broad discretion in determining who undergoes additional screening.  

Secondary inspections (where device searches often occur) can be triggered by: 

  • Suspicion that a traveler may overstay or misuse their visa 
  • Past travel to certain countries 
  • Random selection 
  • The contents of a traveler’s devices or social media activity 

The American Civil Liberties Union (ACLU) has noted that travelers from Muslim-majority countries and those expressing certain political views online may be more likely to experience these searches. There is also a concern that journalists, activists, and influencers – individuals whose work may be viewed as critical of U.S. policies – may be at higher risk.  

 

What Are My Rights? 

The ACLU has issued very helpful guidelines about your rights when traveling. 

  • U.S. Citizens: You cannot be denied entry for refusing to unlock your device, but CBP may detain you longer, ask you additional questions, or confiscate the device for further inspection. 
  • Lawful Permanent Residents/Green Card Holders: You generally have the right to re-enter the U.S. without providing your passwords or unlocking your device, but refusal to comply may result in CBP detaining you for longer, asking you additional questions, or confiscating your device. It’s important to note that CBP does not have the right to revoke your green card and instead, you should be schedule for a hearing before an immigration judge if they believe there is reason for you to be removed from the U.S.  
  • Visa Holders & Tourists: If you refuse to provide access, CBP may deny you entry. 

You have the right to request a receipt if CBP confiscates your device. Be aware that CBP can hold your device for several days.  

   

Can CBP Ask About My Political or Religious Beliefs? 

Technically, CBP should not target travelers based on religion, race, national origin, gender, or political beliefs. However, some travelers have reported being questioned about their religious practices or political opinions.  

U.S. citizens and lawful permanent residents do not have to answer these questions and legally cannot be denied entry for refusing. However, given the treatment we have seen from this Administration in relation to other permanent residents (Mahmoud Khalil, immediately comes to mind), we would urge returning permanent residents to exercise caution. 

Visa holders or visa waiver travelers who decline to answer questions may face additional scrutiny or be denied entry to the U.S.  

 

Recent Cases Show How Far This Can Go 

In March 2025, a French scientist was denied entry to the U.S. after CBP officers found private messages on his phone criticizing the Trump Administration’s research policies. The incident sparked backlash in France, where government officials called it an attack on academic freedom. U.S. authorities claimed the messages raised national security concerns, though no formal charges were brought. 

This year, tourists from Germany, Canada, and Wales were detained at the U.S. border for days or even weeks, despite offering to return home voluntarily. One woman was even held in solitary confinement. These aren’t isolated events. As border policies grow harsher, even visitors from longtime U.S. allies are being swept into extreme enforcement measures. 

 

How Should I Prepare Before International Travel? 

  • Evaluate Your Devices: Before traveling internationally, take time to evaluate your electronic devices and the information they hold. 
    • Do You Need That Device? Consider whether you need to bring a particular device or if it’s safer to leave it behind. 
    • Does It Contain Sensitive Data? If your device holds privileged, proprietary, or confidential information, think twice about carrying it across the border. 
    • Can You Store Information in the Cloud? Keep sensitive data off your device by storing it securely in the cloud, making it inaccessible in airplane mode.  
  • Pack Your Data Like You Pack Your Luggage: Be intentional about the data you “pack” on your phone or laptop – just as you’re thoughtful about what goes in your suitcase. 
    • 🚫 Don’t Store Anything You Wouldn’t Show a Border Officer. If you wouldn’t feel comfortable displaying it to a U.S. official, it’s best left off your device. 
    • 📂 Know What’s on Your Device. Understand the difference between data stored locally (accessible in airplane mode and visible to CBP) and data stored remotely (inaccessible without internet access). 
    • 🗑️ Empty Your Trash and Deleted Folders. Remember, “deleted” files are often still recoverable and accessible in airplane mode. 
  • Be Mindful of Your Digital Footprint 
  • Social media activity can also be scrutinized. Avoid posting anything that could raise concerns if reviewed by a U.S. government official. 
  • Have a Plan and Legal Support When traveling internationally, always have a plan in case something goes wrong. Know who to contact if you encounter issues at the border and consider having an immigration lawyer on standby who can assist you if necessary. If you’re carrying sensitive data, it’s also wise to discuss your travel plans with your attorney in advance to understand your rights and minimize risk.  

Being prepared can make all the difference. Taking these steps can help protect your privacy and minimize risks during international travel.  

 

What Should I Do If I Am Selected for an Electronic Device Search? 

  • Be Prepared. As mentioned previously, you should assume that your device will be searched. Consider carrying minimal data, logging out of social media accounts, and using encrypted storage for sensitive information. 
  • Remain Calm & Comply with Basic Requests. While you can assert your rights, arguing with CBP may escalate the situation. 

 

Final Thoughts 

CBP’s increasing use of electronic searches raises significant privacy concerns, especially for visa holders and international visitors. Under Trump’s Administration, these searches have been used as a tool for intimidation and political control rather than true national security. 

Travelers should be aware of their rights and take steps to protect their personal data. If you or someone you know experiences issues at the border, consider seeking legal advice to understand your options. McEntee Law Group is committed to defending your rights to privacy and freedom of expression.   

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