Record Number of Electronic Device Searches at US Borders in 2025

U.S. Customs and Border Protection (CBP) has authority to inspect electronic devices at ports of entry, with recent years showing an increase in the number of searches conducted. This development highlights ongoing policy and legal considerations for travelers entering the United States.

CBP’s border search authority allows officers to examine phones, laptops, and other devices of travelers arriving at U.S. entry points. The agency distinguishes between basic searches, which involve manual inspection, and advanced searches that use external equipment to access or copy data. Advanced searches require both reasonable suspicion and supervisory approval.

Travelers who do not unlock their devices for inspection may face different outcomes depending on their citizenship. Foreign nationals who refuse to provide access can be denied entry, while U.S. citizens cannot be refused entry but may experience delays or have their devices seized. If a device is detained, CBP officers are required to issue a custody receipt containing follow-up information.

Information obtained during device searches may be retained by CBP if it is related to law enforcement or immigration matters. Such data can be stored in the Automated Targeting System for up to 15 years. The border search exception doctrine permits these searches without a warrant or suspicion at U.S. borders and their functional equivalents.

What the numbers show

• CBP searched around 47,047 travelers’ devices in fiscal year 2024
• Device searches rose to 55,424 in fiscal year 2025, a 17% increase
• In 2024, less than 0.01% of all arriving travelers had devices searched

Legal requirements for electronic device searches at the border are not uniform across the United States. The Ninth Circuit requires reasonable suspicion for forensic searches, while other circuits do not impose this threshold. This variation affects how searches are conducted in different regions.

In July 2024, a federal judge in the Eastern District of New York ruled that CBP must obtain a warrant to search travelers’ phones within that district, which includes John F. Kennedy International Airport. This ruling currently applies only to that jurisdiction and does not extend nationwide.

CBP’s procedures specify that if a device is protected by a passcode or encryption and cannot be inspected, officers may take actions such as exclusion or detention of the device. The outcome for travelers depends on their status as citizens or foreign nationals, with different consequences for refusal to unlock devices.

Industry reaction

The Electronic Frontier Foundation has stated in court that border agents should be required to obtain a warrant before searching travelers’ electronic devices, referencing Fourth Amendment protections. This position has been presented as part of ongoing legal arguments regarding privacy at the border.

CBP has published information outlining its authority and procedures for device searches, including distinctions between basic and advanced searches and requirements for supervisory approval in certain cases. The agency also provides guidance on the retention and handling of data obtained during these searches.

* This article is based on publicly available information at the time of writing.