Civil rights group warns of increased device scrutiny at US border

US civil rights organization Electronic Frontier Foundation (EFF) advises tourists, students and workers entering the United States to prepare for heightened scrutiny of their electronic devices.

The most crucial piece of advice for anyone entering the US is to "make a plan before you arrive at a border checkpoint," EFF spokeswoman Sophia Cope told dpa.

Cope highlighted the importance of considering what's stored on mobile phones, laptops and other electronic devices.

While most travellers will pass through routine screenings without issue, figures from the EFF show that out of 420 million US entries in 2024, 12 million people were subjected to a secondary inspection and just 47,000 experienced a more intensive third-stage search.

Although the laws governing US border checks have remained largely unchanged in recent years, a report from The Washington Post suggests that the approach to enforcement has shifted since US President Donald Trump returned to the White House in January.

This was recently experienced by three German nationals who were detained upon entering the country.

Cope explained that the scrutiny of travellers' electronic devices has intensified over the past few years.

Under the standard entry process, travellers are first asked routine questions and have their passports checked by a Customs and Border Protection (CBP) officer.

However, if the officer has any concerns — or even if the search is purely random — they may initiate a second stage of questioning. This could involve requesting access to the traveller's phone or inspecting the battery compartment of their laptop.

A 'dilemma' for travellers

The EFF refers to this situation as a "dilemma" for travellers. Individuals may choose to refuse access to their devices, but this could result in the confiscation of the device or even a denial of entry.

Alternatively, travellers may comply and unlock their phones, potentially allowing border officials to view private messages, apps, photos and even copy data.

In the rare third stage, officials may connect devices to their own computers, enabling them to collect and store vast amounts of data, which could be retained for up to 15 years and accessed by multiple border officials, according to the Washington Post.

To mitigate the risk of having sensitive data exposed, Cope recommends travellers put their devices into flight mode before arriving at the border and avoid connecting to Wi-Fi. By doing so, officials will only be able to access the information stored on the device itself, not in the cloud.

Cope advised that travellers prepare for potential challenges at the border and decide in advance how they will respond in critical situations.