Canadians Trapped by Rising U.S. Border Checks on Electronic Devices

U.S. Customs and Border Protection is conducting record numbers of searches of electronic devices at the border, with officers examining nearly 15,000 devices between April and June 2025, according to agency figures. The surge—described by CBP as part of ongoing security work—has had a clear ripple effect on cross‑border travel from 🇨🇦 to the 🇺🇸, with many Canadians reporting longer inspections, requests to unlock phones, and worries about privacy when entering the United States.

CBP says device checks still affect a small share of travelers overall. In Fiscal Year 2024, the agency reports that less than 0.01% of arriving international travelers had their devices searched. Even so, the 2025 spike has raised fresh questions from privacy groups, travel lawyers, and Canadian officials about the scope of these searches and how they impact everyday trips for work, school, and family visits.

Rising device searches and concerns for Canadians

Canadians tell lawyers and advocacy groups that device checks feel more common this year, especially at land ports where quick shopping runs and business trips are part of daily life. Some travelers say their phones were held for review or copied, though CBP maintains such actions follow strict internal rules and are used when needed for law enforcement.

Travel lawyer David Friedman, who advises cross‑border clients, summed up the legal limits bluntly: “Your rights are limited and the best defense is to minimize sensitive data on your devices before crossing.”

CBP officials say the searches are necessary to stop threats and crimes that often leave digital traces—citing terrorism cases, child exploitation, trafficking networks, and visa fraud. The agency calls its approach “judicious and responsible,” noting internal checks and supervisor oversight. Still, the record quarter in 2025 has renewed calls from privacy advocates in both countries for clearer guardrails, better notice to travelers, and limits on how long devices can be held.

The legal framework at the border is different from what people expect inside the country. As of August 28, 2025, CBP officers have broad authority to inspect electronic devices at ports of entry without specific suspicion. Officers may ask you to unlock your device or provide a password. For non‑U.S. citizens, refusal can lead to device seizure, delays, or denial of entry.

Officers typically place devices in airplane mode during the search to prevent remote access or new data downloads. CBP guidance says searches are usually done in the traveler’s presence; in some cases, officers can take a device for a deeper review.

If an officer encounters material that appears to be solicitor‑client or attorney‑client privileged, the inspection should stop and the device may be set aside for judicial review. That rule matters for Canadians who carry work phones or laptops containing legal files, but lawyers stress that privilege should be clearly marked to help officers flag it quickly.

The current rise in checks follows years of expansion in both the frequency and technical capacity of border searches since 2017, with periodic spikes tied to security priorities. There have been no major legislative changes this year, but advocacy groups are pressing lawmakers for tighter limits and stronger traveler protections. Canadian officials have also asked for more transparency on how device data is handled when Canadians are inspected at the border.

How CBP searches work at the border

While device searches still affect a small slice of the millions who cross, the experience can be stressful and time‑consuming. Here’s how CBP says the process typically works:

• An officer requests the device and password or asks you to unlock it.
• The device is put in airplane mode to block incoming data.
• The officer reviews content; this is often done while you are present.
• If privileged material is identified, the review stops, and the device may be set aside for judicial review.
• If you refuse to unlock your device, officers may keep it or refuse admission if you are not a U.S. citizen.

For Canadians, the stakes can be high. A family driving to a hockey tournament or a tech worker heading to a pitch meeting could be asked to unlock a phone or laptop. A refusal to comply can mean missing the tournament, losing a contract, or facing a flag on future trips. Business travelers who carry client documents, research, or prototype data should prepare for inspection and think carefully about what is stored on devices they bring across the border.

CBP points to internal controls and training to prevent overreach. The agency says its searches target evidence of crimes and national security threats, not casual personal browsing. CBP also emphasizes that officers try to return devices quickly when they are taken for further examination. Still, travelers report cases where devices were held for days, which can disrupt work and cause real hardship.

CBP’s formal policy on device searches is laid out in an official directive. For those who want to read the rules themselves, CBP’s directive on border searches of electronic devices is posted here: Border Searches of Electronic Devices (CBP Directive 3340‑049A). The document explains officer authority, handling of passwords, supervisor approvals for advanced searches, and special steps for attorney‑client material.

The headline number—nearly 15,000 devices searched in the April–June quarter—underscores the scale. Combined with the agency’s point that less than 0.01% of all arrivals in FY2024 faced such checks, the picture is of a rare but rising tool that can have outsized effects on those who are selected. For Canadians who cross often, even a small chance can feel large over time.

Truck drivers hauling goods from Ontario to Michigan, graduate students flying to conferences, and families heading to theme parks all report similar experiences: quick questions at primary inspection, then a referral to secondary screening where an officer asks to see a phone. Some say they were asked about social media accounts, work emails, or travel plans stored on their devices. People who rely on their phones for two‑factor authentication sometimes face extra problems when their devices are held.

Practical steps for travelers and what comes next

Lawyers and privacy groups recommend simple steps before a trip. None will guarantee a faster crossing, but they can reduce risk and stress:

• Travel with less data. Keep only what you need for the trip. Move other files off your device beforehand.
• Use airplane mode at the border. This matches CBP practice and helps prevent new data from arriving during a search.
• Label privileged material. Mark attorney‑client or solicitor‑client files clearly so officers can pause and follow special handling.
• Plan for time. Add extra time to your schedule in case of secondary inspection.
• Know the stakes. Non‑U.S. citizens who refuse to unlock devices may face seizure, long delays, or denial of entry.

The step‑by‑step process described by CBP and travel lawyers looks like this:

1. An officer requests your device and password or asks you to unlock it.
2. The device goes into airplane mode.
3. The officer searches the device, often while you wait.
4. If privileged information appears, the officer stops and may set the device aside for judicial review.
5. If you refuse to unlock the device, officers may keep it or, if you are a non‑citizen, refuse your entry to the United States.

For border communities, the trend has real daily impact. A nurse from Windsor with weekend shifts in Detroit, a film crew shuttling between Vancouver and Los Angeles, or a family from Calgary flying to Phoenix for medical care—all can face checks that add uncertainty and cost. When devices hold sensitive work data or client files, the stress is higher, and mistakes can be costly. Employers who send staff across the border are now updating travel policies to limit what goes on work phones and laptops.

U.S. Customs officers say the searches help find fake identities, forged permits, and messages that reveal smuggling plans. Privacy advocates counter that the rules are too open‑ended, and that ordinary people should not have to expose years of private photos and messages to enter a country. Canadian officials, for their part, have pressed for bilateral talks to make sure Canadians are treated fairly and to set clear timelines for returning devices that are held.

No major legislative changes are in place as of late August 2025, but the policy fight is far from over. Advocacy groups in both countries want lawmakers to set firmer limits on device searches and create better notice for travelers. According to analysis by VisaVerge.com, the record quarter has sharpened the debate, bringing fresh attention to how digital life collides with border rules that were designed in a different era.

For now, the practical advice is simple: travel with less, expect questions about your devices, and be ready to unlock them if asked. Keep work and personal data separate when possible. Mark legal files clearly. And if a device is taken, ask for a receipt and written instructions on how and when it will be returned. Canadians who travel often should review employer policies and consider a clean “travel phone” with only trip essentials.

Key takeaway: device searches remain rare across the full flow of travelers, but they matter a great deal to the individuals who face them. As the numbers rise, so will the push for better rules. Until then, travelers from 🇨🇦 to 🇺🇸 can lower their risk by carrying fewer digital footprints, planning extra time at inspection, and knowing what border officers can—and cannot—ask them to do.