Digital Borders: The Power of Immigration Officials’ Authority to Search Your Devices

ArentFox Schiff
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ArentFox Schiff

US Customs and Border Protection (CBP) has the authority to search electronic devices — including phones, laptops, tablets, and other electronic devices — of anyone entering the United States, including US citizens and non-citizens. These searches can happen at US land crossings, airports, seaports, and even at CBP preclearance locations abroad, such as Dublin, Ireland, or Toronto, Canada. These searches can occur without a warrant or suspicion.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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