Whether you’re a U.S. citizen, green card holder, or visa holder, it’s essential to know your rights at the border when returning from travel. Our tip: know your rights when returning to the US from international travel. Here’s what you need to be aware of when it comes to visa and green card holder reentry to the US:

Border Agents Can Search Your Devices 🔍

Travel tip: U.S. Customs and Border Protection (CBP) has the authority to question visa and green card holders and search luggage, phones, and laptops—even without a warrant. This applies to everyone, including holders of passports, visas, and green cards holders. Agents may scroll through your photos, emails, texts, or apps. Some attorneys are advising any travelers to scrub their phones prior to travel or even leave their phones at home when travelling and buying a new phone and a SIM card in the international destination to be able to communicate.

Scientists and Other STEM Professionals Traveling with Visas or Green Cards

Another travel tip: be careful with any texts and social media posts criticizing Trump’s administration (for cuts of funding or otherwise).

This information may be used against you by the border agents to turn you away, expedite-remove you and ban you from future entries into the U.S.

Just because you were allowed entry many times before does not guarantee automatic entry now.

You Don’t Have to Give Up Your Phone Passcode—But There May Be Consequences 📱

There is no legal requirement to share your password or unlock your device. However, refusing to do so could result in the detention of your phone for a deeper search. For non-citizens, this could also delay your entry or potentially impact your immigration status. A traveling visa holder traveling may face delayed reentry to the US by such actions.

Green Card and Visa Holders Have Fewer Protections 🛂

Unlike U.S. citizens, non-citizens have more limited constitutional protections at the border. Refusing to comply with a phone search could lead to extra scrutiny, delays, or even denial of entry. It’s crucial to understand what you’re carrying. Prepared to assert your rights calmly and respectfully. Visa holder reentry into the US often comes with fewer protections than that of a citizen.

Contacts of a Good Immigration Lawyer

Keep your immigration lawyer’s information on you. Inform your family know if you may be detained.

Support from Family and Friends

It’s also a good idea to let close family or friends know your travel details and coordinate with them in case anything unexpected happens at the border. If you’re detained or questioned for an extended period, having someone who can reach your attorney quickly can make a big difference.

Final Tips Before International Travel

Before traveling internationally, consider backing up your data, minimizing sensitive information on your device, and familiarizing yourself with your rights. Stay informed, stay empowered. Always prepare for visa holder reentry US procedures.

Shepelsky Law Group can help you on your pathway to US citizenship, call us today!

FAQ: Legal Protections and Traveler Rights During Electronic Device Searches at U.S. Borders

1. Can CBP search my electronic devices without a warrant?
Yes. U.S. Customs and Border Protection (CBP) can search your electronic devices at the border without a warrant or suspicion under the “border search exception” to the Fourth Amendment. This includes access to sensitive data like medical records or proprietary business info.

2. Do I have to give CBP my password or unlock my social media apps?
No, you are not legally required to provide passwords or unlock your apps. However, refusing may result in delays, device seizure, or even expedited removal (being denied entry or deported).

3. Can I request a lawyer during the search?
You can request legal representation, but CBP is not required to allow you access to an attorney during the border search process.

4. What if I don’t consent to the search?
You can clearly state that you do not consent. This may not stop the search but creates a record of your objection. It may also cause delays.

5. What should I do if I feel my rights were violated?
You can file a complaint with the Department of Homeland Security (DHS) and consult with a lawyer. Document everything that happened and request records related to the incident if possible.

6. What if I don’t have a lawyer with me at the time of the search?

Stay calm and respectful. Do not argue or act aggressively.
Clearly state you do not consent. This might not stop the search, but it’s important to say.
Avoid giving passwords. You are not obligated to comply, but refusal may lead to delays or device seizure.
Request documentation. If your device is taken, ask for a receipt or written confirmation.
Seek legal advice later. Contact a lawyer after the incident to understand your options.