U.S. Customs and Border Protection agents are increasingly conducting warrantless, suspicionless searches of electronic devices for travelers entering, exiting, or located within 100 miles of a U.S. border.

Key Points

• CBP conducted 55,318 electronic device searches in fiscal year 2025, a significant increase from 37,778 searches in 2023.
• A 2026 policy directive explicitly permits the search of diverse hardware, including smartwatches, vehicle infotainment systems, drones, and SIM cards.
• Agents may now retain digital data if they determine it is consistent with discovery obligations in "reasonably anticipated" future litigation.
• Advanced searches, which involve using special equipment to copy or analyze device contents, can now be triggered by a "national security concern" without individualized suspicion.
• Vermont school superintendent Wilmer Chavarria is currently suing the Department of Homeland Security, alleging these warrantless searches violate Fourth Amendment protections.

Why it Matters

These expansive search policies grant federal agents broad authority to access private digital information without a warrant or probable cause, raising significant constitutional concerns regarding privacy and civil liberties. As the scope of searchable devices and data retention justifications grows, travelers face increasing uncertainty regarding their rights when crossing or residing near U.S. borders.