Heads up lawyers: Border agents may want to search your phone. Same goes for your clients.
Here’s a sobering stat: US border agents searched 47,000 travelers’ devices last year.
- And here’s the kicker: They don’t need a warrant to peek at yours.
For lawyers, this isn’t just an inconvenience—it’s a potential ethical nightmare. Your duty to protect client confidentiality doesn’t stop at the border, but your constitutional privacy rights might.
Reality check
Recent cases paint a concerning picture:
- A British traveler detained for 19 days after a routine phone check
- A doctor denied entry over photos deemed “sympathetic” to Hezbollah
- Europeans turned away because agents didn’t like their social media content
What most folks don’t realize
Your rights at the border depend entirely on your immigration status:
- US Citizens: Can refuse to unlock devices (but read this story about an attorney’s ordeal)
- Green Card Holders: Similar protections (if you haven’t been away 180+ days)
- Visa Holders: Refusal could mean immediate removal
What to do now
Before your next border crossing:
- Encrypt everything (BitLocker or FileVault on laptops)
- Use strong passwords (ditch those simple PINs)
- Disable biometrics (agents can demand your face/fingerprint, but not your passcode)
- Power down devices (forces passcode entry on restart)
The best move
Have a clear plan BEFORE you reach customs. Don’t wait until you’re face-to-face with a border agent to decide how you’ll handle device searches.
Want to learn more? The Electronic Frontier Foundation has excellent resources at eff.org/border-privacy.
If you’re interested in discussing more strategies for protecting client data while traveling, check out my Inner Circle. We regularly discuss practical tips like these.
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