United States Customs and Border Protection (CBP) has reported a significant rise in the number of electronic device searches at borders, reaching nearly 15,000 between April and June this year. This marks a 17 percent increase from the previous record of device searches, which recorded 12,766 searches from January to March 2022.
The uptick in searches coincides with the intensified enforcement actions regarding immigration under the Trump administration, which has seen an increase in budgets for the Department of Homeland Security and Immigration and Customs Enforcement, along with a surge in arrests. Travelers have faced prolonged detentions and invasive searches, leading to some to reconsider or cancel trips to the U.S. This has raised concerns about the implications for personal privacy among travelers, particularly those who may carry sensitive information.
Esha Bhandari from the ACLU highlights the "chilling effect" of such invasive searches, warning that anyone, particularly those critical of the administration or who hold sensitive information, may be at risk. CBP’s authority allows them to search phones, computers, and other electronic devices at any border, with less stringent Fourth Amendment protections applicable in border zones.
The latest available data indicates that most searches conducted are deemed "basic," wherein agents manually inspect a device. However, there’s a growing reliance on "advanced" searches that utilize forensic tools to extract extensive data. While the latter represents a small percentage of total searches, the trend shows an alarming potential for escalation now that CBP is seeking more advanced forensic tools to enhance their capabilities.
In light of this situation, citizens and travelers alike are urged to take steps to safeguard their digital information when approaching U.S. borders.
