Since the re -election of Donald Trump, the vigilance of American customs officials has accentuated, in particular with regard to foreign travelers. Several recent cases illustrate a hardening of practices: in -depth control of smartphones, prolonged interrogation … The American border can quickly turn into an insurmountable barrier, depending on what your phone contains.
Is it legal?
Customs and Border Protection (CBP) agents have all the powers to search the personal effects of travelers, including phones, computers and tablets. This excavation can be carried out without a mandate, without any particular justification, and in a random manner. Refuse to unlock your aircraft exposes to an immediate refusal of entry, even to the confiscation of the device. For American non-citizens, it is almost impossible to challenge this decision, which will be recorded in the traveler file and may compromise future long-term stays. So be careful, not to play at the most clever with customs agents.
Two types of controls exist: a basic manual inspection (consultation of visible files on the device) and an advanced excavation, involving the full copy of the content for a subsequent analysis. Rest assured, the latter generally requires a “reasonable suspicion”In order or threat to national security. It is therefore unlikely that you can one day be faced.
Any content stored locally on a device can be examined: photos, videos, messages, navigation history, contacts, professional documents. Agents can also consult public profiles on social networks and take into account Political positions or militant messageseven perfectly legal in your country of origin. On the other hand, access to data stored in the Cloud (iCloud, Google Drive) is legally possible if this data is accessible directly from the device, without specific connection.
Who is concerned?
In theory, any traveler can be targeted. In practice, the controls are rare (less than 0.01 % of travelers in 2024, or around 47,000 people), but the selection is far from random. People who have already been repressed, having a criminal record, or displaying Critical political opinions towards the American administration are logically more at risk. Same thing for professions deemed sensitive, such as scientists and journalists.
How to avoid controls?
If you want to avoid wasting time during border controls, several precautions are essential: initially, limit the number of devices, only taking away those which are essential to you. Do not hesitate to delete messages, photos, documents or applications that could be confused or harm your profile in the event of any control, and Disconnect cloud services.
To go even further, it is also possible to bet on a secondary phone, containing the strict minimum of personal and professional information. Be careful however, since an empty phone can also arouse suspicion. Finally, it is advisable to Keep contact with a specialized lawyer In immigration law, in case a disputed situation arises.
In a tense political context, and while Trump hardened his borders, the challenge is no longer only to present a passport and an ESTA in order, but also an impeccable smartphone, to avoid any inconvenience.
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