Know Your Rights at the Airport When Entering the U.S.
With new enforcement priorities under the current administration, it’s more important than ever to know your rights when returning to the United States from abroad. Whether you're a U.S. citizen, lawful permanent resident (green card holder), or visa holder, you do have rights—even at the airport.
Below is a guide to help you protect your rights and digital privacy when encountering U.S. Customs and Border Protection (CBP) officers.
Can Customs and Border Protection (CBP) Stop and Search You at the Airport?
Yes. CBP officers at airports and land borders have broader authority than local police. They can question you, inspect your bags, and even search your electronic devices without a warrant or probable cause.
What does this mean for you?
U.S. Citizens cannot be denied reentry. You may refuse to answer intrusive questions, although it could delay your entry.
Green Card Holders must answer questions regarding immigration status, but cannot be denied reentry for refusing to answer , but may face additional questioning or inspection.
Visa Holders and Visitors can be denied entry for refusing to answer questions or comply with searches. Be cautious, respectful, and know your limits.
Can CBP Search Your Phone or Laptop?
Yes. Officers may inspect your phone, laptop, tablet, or other digital devices. They may request passwords, review files, and even copy data. If you refuse:
Citizens and Green Card Holders may face delays or seizure of devices, but not denial of entry. You can calmly say: "I do not consent to the search of this device."
Non-citizens risk denial of entry entirely.
Travel Smart: Protecting Your Digital Privacy
Your devices contain personal, professional, and often sensitive information. You can minimize the risk of exposure at the border by taking proactive steps before you travel:
Travel with fewer devices and less data. The less you carry, the less there is to inspect. Consider using a travel-only phone or laptop that doesn’t hold sensitive or private data.
Back up and wipe your devices. Upload sensitive photos or documents to a password-protected laptop or secure cloud storage. Then delete them from your phone, camera, or other devices. That being said, although individuals have the right to control what data they carry while traveling, deleting data for the purpose of hiding evidence in an ongoing criminal investigation or civil litigation is illegal.
Encrypt your devices and use strong, unique passwords. Make sure your devices are encrypted and fully shut down before arriving at a checkpoint. Here's a good resource for securing your data: https://www.eff.org/wp/digital-privacy-us-border-2017#part-3
Ship devices ahead — carefully. You can mail devices to yourself, but CBP claims the right to inspect international packages. If you do this, encrypt your devices and add password protection.
Turn on airplane mode. Enabling airplane mode will help prevent devices from connecting to cloud accounts during inspection.CBP policy currently prohibits agents from searching data stored only in the cloud. That means content like emails and messages stored on the internet, not on your device, should be off-limits—unless there’s a locally cached copy on your phone or laptop.
Identify privileged material. If your device contains attorney-client communications or work product, let officers know immediately. Under CBP’s 2018 directive, special protocols are required for handling privileged information.
Do You Have to Answer Questions About Your Religion or Politics?
No. You are not required to answer questions about your religious beliefs, political views, or your associations. You can respectfully decline. However, if are a non-citizen or non-permanent resident, refusing to answer questions may cause you to be denied entry.
What If You're Detained or Denied Entry?
You can ask: “Am I free to leave?”
If the answer is no, say: “I would like to speak with an attorney.”
While you may not always have the right to an attorney at the border, asserting your request can be important for later legal protection.
Need Help? Contact Trusted Legal Organizations
If you have concerns about your rights at the border or believe you were mistreated, we recommend reaching out to:
Legal Disclaimer
This post is for informational purposes only and does not constitute legal advice. Please note that this is a fast changing area of the law and that policies and legal standards may change following the publication of the article. For personalized or updated legal guidance, please consult an attorney.