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National Law Review
National Law Review
7/8/2026
CBP Electronic Device Searches at the Border- What International Travelers and Employers Should Know

CBP Electronic Device Searches at the Border- What International Travelers and Employers Should Know

Short summary

CBP's January 2026 directive authorizes border searches of electronic devices on both entry and departure, distinguishing basic manual searches (no suspicion needed) from advanced searches requiring reasonable suspicion and supervisory approval. Travelers may be required to unlock devices, and non-compliance can result in device detention up to five days or longer with extensions. Employers with internationally mobile workforces should review travel policies and educate employees on safeguarding proprietary and privileged information during border inspections.

  • CBP can search electronic devices at US borders on both entry and departure; basic searches need no suspicion while advanced searches require reasonable suspicion
  • Travelers must unlock devices on request or face detention of the device for up to five days, extendable with approval
  • Employers should update travel policies and brief employees on handling confidential and privileged information during border inspections

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