A recent headline-grabbing incident involving a French scientist denied entry into the U.S. has reignited concern over how Customs and Border Protection (CBP) exercises its authority at the border. According to multiple reports, CBP officers searched the traveler's phone and found private text messages critical of former President Trump, ultimately leading to his removal despite valid authorization under the Visa Waiver Program.
If you are a visitor, visa holder, or lawful permanent resident (LPR), this story is more than just a political controversy—it's a stark reminder of CBP's sweeping authority over digital devices at the border, and the real-world consequences that can follow.
CBP's Legal Authority Over Digital Devices
CBP has long-standing authority to search and seize digital devices at U.S. ports of entry without a warrant, based on their interpretation of border search exceptions to the Fourth Amendment.
Under 8 U.S.C. § 1357 and 19 U.S.C. § 1581, CBP may:
- Question any person seeking admission to determine admissibility
- Conduct warrantless searches of belongings, including electronic devices
- Seize and copy data for further inspection or investigation
CBP outlines this authority in its official policy on border searches of electronic devices, which permits both basic and advanced searches. Generally, a basic search can be performed without suspicion and includes scrolling through a device's local content.
An advanced search, which may involve accessing cloud data or using forensic tools, must be based on reasonable suspicion or a national security concern. Reasonable suspicion generally means that an officer must have specific and articulable facts, which, taken together with rational inferences, suggest that criminal activity may be afoot. This is a lower standard than 'probable cause,' which is required for arrests and warrants" but it also must be more than just a "hunch."
These statutory tools give CBP very broad discretion, and as the French scientist's case illustrates, that discretion can stretch into the realm of private political expression.
Why Visa Holders and LPRs Should Pay Attention
Whether you are:
- A tourist or business visitor
- A student, scholar, or researcher on a temporary visa
- An H-1B or O-1 professional
- Or even a green card holder reentering the U.S.
Your digital footprint is increasingly part of how CBP assesses intent, credibility, and admissibility. This applies regardless of whether the content is criminal, political, or personal.
Even lawful permanent residents—though constitutionally better protected than nonimmigrants—can be subject to extensive questioning and delays at the border. In rare but serious cases, CBP may allege abandonment of status or initiate removal proceedings based on conduct revealed during inspection.
We've written before about this kind of scrutiny previously in our posts on CBP's cursory searches related to psychedelics and controlled substances. That post covered how CBP leveraged travel history, text conversations, and therapy references to question admissibility.
This latest incident follows a familiar pattern—only now, the concern is not drug use but political speech.
If You Bring It, They Can See It
Here's a crucial point: Any data you carry across the border is subject to review. Although it's not illegal to have personal messages on your devices, Customs and Border Protection (CBP) officers may examine them without fully understanding the context.
While it's not necessary to completely wipe your electronic devices before traveling, backing up important data and removing non-essential or sensitive information can strike a balance between accessibility and risk minimization.
Be aware that the contents of your device may be scrutinized, and you might need to explain them immediately, without the opportunity to provide context.
Being mindful of the data you travel with is not about evasion; it's about understanding the legal landscape you are entering.
Four Things to Keep in Mind
- CBP can inspect any digital device without a
warrant
That includes laptops, tablets, smartphones, external drives, and even memory cards. - Refusing to unlock a device may lead to
consequences
For visitors, this could result in denial of entry. For LPRs, it could mean delay, device seizure, or further investigation. - Political expression is not immune
While the First Amendment protects political speech, those protections are limited at the border and may not prevent CBP from making subjective judgments. - Digital discretion is a form of
preparedness
Before traveling, consider what content is stored on your device and whether it's relevant to your trip. If it's not, ask yourself whether it needs to travel with you.
Final Thought
Final Thought
CBP's authority to conduct digital searches at U.S. borders is extensive and remains largely unregulated. The deportation of a French scientist due to political messages shared digitally may appear extreme, yet it aligns completely with the existing powers granted to CBP under U.S. law. In the current environment, digital self-awareness transcends mere discretion—it demands intentionality. This heightened awareness is crucial not only for noncitizens and lawful permanent residents but also for U.S. citizens.
Crossing United States Borders With Digital Devices: If You Bring It, THEY Can See It
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
