Do I Have To Comply With Phone Search As a Permanent Resident

[BananaShoes 31]

Can I refuse having my phone searched by an immigration officer if I am returning to the US as a permanent resident? Do I run any risks if I refuse to hand or unlock my phone/ask for warrant/ask for supervisor...etc?

[PaulaCJohnny 713]

12 minutes ago, BananaShoes said:

Can I refuse having my phone searched by an immigration officer if I am returning to the US as a permanent resident? Do I run any risks if I refuse to hand or unlock my phone/ask for warrant/ask for supervisor...etc?

Why will you refuse? Is there something to hide?

They have the right to do it and if you refuse I’m pretty sure will look super suspicious. 
Remember that the only people that have the right to enter the country are Citizens, everybody else can be denied any time

Edited September 22, 2021 by PaulaCJohnny

[Crazy Cat 41,845]

You can refuse.....and you will risk being detained.  Is it worth it?  Your rights are limited while outside the US. 

 

https://legalservicesincorporated.com/immigration/border-phone-search/

"Recently, in February 2021, the First Circuit Court of Appeals took up the question and, in essence, approved of the policies that U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) officers follow."

 

"The court reasoned that both advanced and basic searches are permissible without a search warrant (which, as noted earlier, is generally required by the Fourth Amendment) since these searches fall within the “border search exception.” This exception is based on the idea that the government has an “inherent authority to protect, and a paramount interest in protecting, its territorial integrity.” The exception is also based in the assumption that people have a lower expectation of privacy at the border than they do inside the U.S. It is important to note that the border search exception applies not just to borders, but also to their “functional equivalents,” which can include international airports or roadside checkpoints near the border."

Edited September 22, 2021 by Crazy Cat

[JeanneAdil 6,498]

customs and immigration can search all returning even a USC

 

CBP’s top priority is to keep terrorists and their weapons from entering the U.S. while welcoming all legitimate travelers and commerce. CBP officers and agents enforce all applicable U.S. laws, including against illegal immigration, narcotics smuggling and illegal importation. CBP deploys highly trained law enforcement personnel who  apprehend more than 1,000 individuals each day for suspected violations of U.S. laws.

[SteveInBostonI130 3,434]

1 minute ago, PaulaCJohnny said:

Why will you refuse? Is there something to hide?

This is not very constructive and does not answer the OP's question.

 

Doctors and lawyers may have confidential client information.  Corporate employees may have confidential emails.  Or it could just be a matter of privacy, like discussing medical conditions with close family.

 

@BananaShoes, from what I've read, yes, you can refuse to give CBP access to your phone/laptop. But you can be detained for a while and CBP will give you a hard time.  You can request a lawyer, but, unlike US police and courts, CBP is not obligated to provide you one.  And if you are not a USC or LPR, you can be refused entry.

 

 

[Crazy Cat 41,845]

Even confidential information can be summoned....in the end, CBP is likely to win, anyway........just give them the phone. 

[milimelo 4,477]

That Netflix show on border patrol - one guy was asking about a lawyer to represent him (brought a bunch of counterfeit bags into country with a layover of couple days in Chicago). Confiscated. They later said only USCs could get a lawyer. 

[Just Paul 4,595]

13 minutes ago, SteveInBostonI130 said:

Corporate employees may have confidential emails. 

I travel internationally all the time and have access to sensitive or restricted information at "work".  I have several work visas for countries of concern.  I use a separate "clean" phone and laptop to travel outside Mexico, Canada and Caribbean and even then nothing sensitive travels with me.   Anything sensitive or restricted I can access using 2 factor authentication over a VPN.

 

Everything physical is subject to search anywhere anytime.

Edited September 22, 2021 by Paul & Mary

[Crazy Cat 41,845]

Refusing to provide the phone will certainly cause CBP to dig deeper........and make your life more miserable.......and it will be annotated on your record.

Edited September 22, 2021 by Crazy Cat

[BananaShoes 31]

15 minutes ago, SteveInBostonI130 said:

This is not very constructive and does not answer the OP's question.

 

Doctors and lawyers may have confidential client information.  Corporate employees may have confidential emails.  Or it could just be a matter of privacy, like discussing medical conditions with close family.

 

@BananaShoes, from what I've read, yes, you can refuse to give CBP access to your phone/laptop. But you can be detained for a while and CBP will give you a hard time.  You can request a lawyer, but, unlike US police and courts, CBP is not obligated to provide you one.  And if you are not a USC or LPR, you can be refused entry.

 

 

So as a LPR, they cannot refuse my entry? And worst case scenario is they detain me for several hours and eventually let me in?

[Crazy Cat 41,845]

2 minutes ago, BananaShoes said:

So as a LPR, they cannot refuse my entry? And worst case scenario is they detain me for several hours and eventually let me in?

I wouldn't limit it to several hours......... I doubt that jail would be a fun experience.   You could end up in serious trouble if they find anything.  As I said, you will certainly be flagged.

Edited September 22, 2021 by Crazy Cat

[BananaShoes 31]

29 minutes ago, PaulaCJohnny said:

Why will you refuse? Is there something to hide?

They have the right to do it and if you refuse I’m pretty sure will look super suspicious. 
Remember that the only people that have the right to enter the country are Citizens, everybody else can be denied any time

I shouldn't need a reason to refuse the government's meddling with my personal and private data.

 

If they think they have a good reason to suspect me in any way, which they shouldn't, they can get a warrant. At least that's how it should be done, and I understand that at the border there might be different laws and authorities given, so that's why I am here asking.

[Crazy Cat 41,845]

5 minutes ago, BananaShoes said:

I shouldn't need a reason to refuse the government's meddling with my personal and private data.

 

If they think they have a good reason to suspect me in any way, which they shouldn't, they can get a warrant. At least that's how it should be done, and I understand that at the border there might be different laws and authorities given, so that's why I am here asking.

What you think is irrelevant.  Did you even read what the courts said?  "The court reasoned that both advanced and basic searches are permissible without a search warrant (which, as noted earlier, is generally required by the Fourth Amendment) since these searches fall within the “border search exception.” This exception is based on the idea that the government has an “inherent authority to protect, and a paramount interest in protecting, its territorial integrity.”

The courts say they do not need a warrant.

You are outside the US until admitted......rules are different.

Edited September 22, 2021 by Crazy Cat

[BananaShoes 31]

1 minute ago, Crazy Cat said:

Did you even read what the courts said?  "The court reasoned that both advanced and basic searches are permissible without a search warrant (which, as noted earlier, is generally required by the Fourth Amendment) since these searches fall within the “border search exception.” This exception is based on the idea that the government has an “inherent authority to protect, and a paramount interest in protecting, its territorial integrity.”

The courts say they do not need a warrant.

 

I did read. I am just explaining where I originally came from to someone who asked.

 

Edited September 22, 2021 by BananaShoes

[Crazy Cat 41,845]

1 minute ago, BananaShoes said:

 

I did read. I am just explaining where I originally came from to someone who asked.

 

I guess it boils down to how long a person wants to fight CBP.....and how willing he/she is to suffer the consequences.  In the end, the person would, likely, face heavy scrutiny on every entry in the future.  At least, that's how I see it