Do I Have To Give Boarder Patrol My Phone Password?

🎶 Music by Claude Houde from Pixabay

Rising reports of U.S. Customs and Border Protection or CBP are conducting searches and detainments have raised concerns among travelers about what could happen if they're stopped when trying to enter the country.

Many were not aware of this is that the U.S. Customs and Border Protection (CBP) has long had the authority to search the contents of electronic devices to verify someone's identity or assess if they're a risk to national security. However, some immigration attorneys say such searches are becoming more frequent under the Trump Administration, and now when it comes to social media profiles or being outspoken on a political issue are also under a higher watchful eye.

Traveler's rights against warrantless searches of electronic devices are weakened within 100 miles of any port of entry, regardless of immigration status. Meaning any person is subject to being questioned and their electronic devices which includes phones, tablets and laptops could be searched by border agents. Though Some warrantless searches are legal, What to do if you're stopped by border control.
It depends on your immigration status. U.S. citizens (which includes those from U.S. territories) and, for the most part, green card holders are afforded more rights and can't be denied entry into the country.

When stopped, they only need to answer routine questions about the nature of their trip and confirm their identities. However keep in mind they could face detainment or further inspection if they refuse to let their electronic devices be searched, according to an ACLU Know Your Rights Guide.

On the other hand, when it comes to tourists or noncitizen visa holders can be denied entry if they don't answer an officer's questions. It's highly recommended that these travelers answer CBP's questions truthfully and comply with directives.

Some Warrantless Searches Are Legal:

That being said, it's worthwhile to clean up your device's photos, videos, social media, or any chats so there's less content to be searched prior to your trip. "They can only access what's on your physical device, "so whatever is in the Cloud and only accessible via internet are technically off limits. If agents keep your phone, you should ask for a receipt about the incident and contact information to follow up.

What Are My Rights At The Border?

Essentially, our Fourth Amendment protection against warrantless searches doesn't wholly apply within 100 miles of the border, but we still do have rights, even if it depends on your immigration status.

Here are your rights that still apply at the border:

◾Most people, except tourists, have the right to remain silent unless in the presence of their attorney, but could face arrest consequences.

◾You cannot be arrested without a "probable cause" or detained without "reasonable suspicion."

◾Our First Amendment right to religious and political beliefs still applies at the border, so U.S. citizens and lawful permanent residents do not have to answer questions relating to these topics. Noncitizen visa holders or tourists can also decline, but this could still lead to denied entry.
Can CBP Use Biometrics To Unlock My Phone?
There is a good chance this can happen because biometrics are less secure, but it's legally murky. While the Electronic Frontier Foundation (EFF) believes fingerprints or Face ID or to lock devices should be protected under the Fifth Amendment, which protects against self-incrimination, but there are some cases that courts have ruled otherwise. There have also been instances when law enforcement has forced people's fingers onto their phones to unlock them, so it may also happen at borders, the EFF states on its website. An agent could simply hold your phone up and easily unlock it.

How to turn biometrics off on your phone
check out these 2 videos for turning off your biometrics for you IPhone and for your Android

Видео Do I Have To Give Boarder Patrol My Phone Password? канала What In The World Of Data