As Border Patrol officers ramp up searches of phones and social media accounts of visitors arriving in the United States, immigration advocates have called out the legality of the move.
The issue has gained traction as multiple visa holders have reportedly faced denied entry over their social media posts and messages. One notably includes a French scientist who officers denied entry into Houston after seeing messages criticizing President Donald Trump’s cuts to science research. Newsweek reported that the man had a temporary visa to attend a conference until his messages regarding Trump became flagged.
With this heightened security measure that could lead to restrictions on other visa holders, immigration attorneys are warning clients about this risk. One lawyer has urged people to remove any sensitive photos or messages that Border Patrol could find issue with.
“I’ve told my clients to be very careful about their use of electronic devices and bringing electronic devices like phones and laptops through the border, to make sure they haven’t unintentionally saved photos to their phone that might be controversial, even though they don’t think they are,” Elissa Taub, a partner at immigration law firm Siskind Susser in Tennessee, told the news outlet.
She added, “And to be very careful about their actions online in
WhatsApp, Telegram chats, things like that. Because if they are detained at the border or held up, CBP may ask to see their devices and they don’t really have a way to keep that from happening.”However, the Border Patrol has defended its searches, stating officers can seize devices for national security purposes. Given the U.S. government’s stance that the Fourth Amendment rules against warrantless searches do not apply at the country’s borders, CBP can search devices without a warrant. Although rare, with less than .01% of travelers experiencing it, all must comply when asked or face legal action and potential barring from entry.
CBP
officers can also log and save device data for up to 15 years. The ACLU encourages all visitors to stay mindful of what information is on their devices. The organization also urged individuals to protect sensitive data through encryptions.The CBP Department of Homeland Security released a statement on the backlash regarding the searches. The department defended the CBP’s security measures to counteract terrorism while emphasizing its commitment to protect privacy.
“The Department of Homeland Security is committed to protecting individuals’ privacy, civil rights, and civil liberties. DHS, including CBP, uses various forms of technology in furtherance of its mission, including tools to support investigations related
to, among other things, illegal trafficking on the dark web, cross-border transnational crime, and terrorism. DHS leverages this technology in ways that are consistent with its authorities and the law.”In the meantime, other nations have encouraged their citizens visiting the U.S. to remain vigilant on these updates, including issuing a travel warning of potential arrest if one refuses entry rules.
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