U.S. border agents are increasingly searching travelers’ smartphones, with the number of device inspections reaching a record 52,000 in the fiscal year 2025. This represents a significant 17% increase from the previous year, according to data released by U.S. Customs and Border Protection (CBP). As reported by WIRED, this surge raises concerns about the balance between national security and individual privacy rights.
The spike in searches is particularly notable in recent months. Between April and June 2025, CBP conducted nearly 15,000 searches, the highest quarterly total since 2022. Such increases have sparked alarm among travelers, especially those carrying sensitive information, such as business data or personal communications.
Border Search Practices Under Scrutiny
CBP’s authority to conduct searches stems from long-standing exceptions to the Fourth Amendment, which protects against unreasonable searches and seizures. This allows for warrantless inspections aimed at preventing threats like terrorism and smuggling. Critics, however, argue that this power is being misused in the digital era.
A landmark ruling in the case of United States v. Smith in 2023 marked a pivotal moment when a New York district judge mandated that warrants are necessary for cell phone searches at the border. Despite this ruling, CBP’s practices remain extensive. The agency maintains that these searches are essential for national security, as articulated on their official website.
Privacy advocates highlight that most searches are basic manual reviews, while more invasive forensic extractions occur in a small fraction of cases. The legal landscape surrounding these searches is complex. Legal experts from Northeastern University have pointed out that the government often claims Fourth Amendment protections do not fully apply at the border.
International travelers face additional challenges, particularly as Canada updated its travel advice in 2025, advising citizens to expect increased scrutiny from U.S. border agents. Reports indicate that this scrutiny has sometimes resulted in detentions based on data extracted from electronic devices.
Public Sentiment and Implications for Travelers
Concerns over privacy are on the rise. Social media platforms are buzzing with discussions about the increase in searches, with users expressing unease over potential invasive practices. A post from Globalnews.ca in August 2025 echoed these sentiments, stating that the surge in searches disproportionately affects certain groups, including Canadians, raising issues of privacy, discrimination, and harsher scrutiny.
For business professionals traveling with proprietary information, the implications are substantial. Experts from Harter Secrest & Emery LLP recommend that individuals minimize risks by carefully considering the information on their electronic devices. Suggestions include using burner phones or cloud storage solutions to keep sensitive data away from direct access.
Recent coverage by CNET emphasized that U.S. Border Patrol retains the authority to search electronic devices without the need for probable cause, further underscoring the importance of strategic planning for travelers.
Strategies to Protect Personal Data
To navigate these searches effectively, experts suggest employing encryption and practicing data minimization. WIRED offers practical tips, including enabling full-disk encryption, opting for passphrases instead of biometrics, and backing up data to the cloud before travel. Despite these precautions, challenges persist; CBP can demand passwords, and refusal to comply may lead to detention or denial of entry.
Policymakers are beginning to respond to these privacy concerns. Advocacy groups like the Electronic Frontier Foundation are pushing for nationwide warrant requirements, building on the foundation laid by the 2023 ruling. Meanwhile, CBP defends its search practices, claiming they are targeted rather than random.
As the debate continues, industry observers anticipate further legal challenges ahead. A post from the Project for Privacy & Surveillance Accountability highlighted the importance of the 2023 ruling, while recent surges in searches indicate that gaps in enforcement remain.
Comparatively, Canada’s border agency has faced restrictions following a court ruling that invalidated random searches. The Canada Border Services Agency had previously conducted searches on over 33,000 travelers before the ruling took effect. As technology evolves and personal devices become even more integrated with sensitive information, the stakes for privacy continue to rise, prompting calls for updated legislation to strike a balance between security needs and individual rights.
Experts emphasize the necessity of awareness among travelers. A Toronto-based immigration lawyer noted that growing fears about U.S. border searches are palpable. Legal experts from the ACLU warn that while border exceptions exist, their overuse can erode civil liberties. For tech-savvy professionals, staying informed and understanding the implications of these searches is essential.
