What Business Travelers and HR Teams Need to Know About Electronic Device Searches at U.S. Borders

Business travelers, HR and immigration professionals and visa holders must understand how to protect sensitive information and minimize risk with U.S. Customs and Border Protection (CBP) authorized to search electronic devices at ports of entry. These CBP border searches are at times being conducted without a warrant or suspicion. 

With so much information out there, here’s what you need to know about these latest developments. We created this blog in collaboration with Corporate Immigration Partners.

CBP’s Authority: What to Expect at the Border 

CBP can inspect electronic devices, such as smartphones, laptops and tablets, among others, of anyone entering the U.S. This includes U.S. citizens and non-citizens. CBP may conduct these searches at U.S. ports of entry, such as airports, land borders and seaports. CBP may even conduct these searches at pre-clearance locations abroad, like Dublin or Toronto. 

CBP may conduct two types of device searches: 

• Basic Search: A manual device inspection by a CBP officer without using external tools. 
• Advanced Search: This involves connecting external equipment to copy or analyze data. CBP must have a reasonable suspicion that an individual is violating the law or is a national security concern, and a senior manager must provide pre-approval before conducting an advanced search.  

Why This Matters for Immigration, Global Mobility, HR Teams and Their Sponsored Employees 

Immigration, global mobility and HR professionals must know the implications for business travelers and visa holders employed at their companies. 

First, it’s important to note that an individual’s rights are limited at the border, but there are steps you can take to protect sensitive data. If someone refuses to provide CBP access to electric devices, CBP may seize them. 

If visa holders deny access to their devices, they may be denied entry into the U.S. 

Contact your account management and legal team to ask company-specific questions if you are a current Envoy Global client.

10 Steps to Protect Your Data 

Immigration, HR and mobility teams should aim to be aligned to help sponsored employees or business travelers as they enter the U.S.  

Here are some steps and things to keep in mind to protect data at the U.S. border: 

1. Travel light 
2. Backup data 
3. Use strong passwords & two-factor authentication (2FA) 
4. Educate on rights 
5. Document the search 
6. Minimize on-device data 
7. Encrypt all devices 
8. Power down devices before border crossing 
9. Check devices upon return 
10. Limit cloud access 
11. Consider carrying a device with no data on it 

Guidance for Interactions with CBP 

If an individual interacts with CBP, there are three key points to keep in mind: 

• Stay calm and respectful 
• Never provide false information 
• Understand the legal implications based on visa or citizenship status 

Preparation is key in today’s border enforcement landscape. By staying informed and implementing smart data practices, companies can help safeguard sensitive information and ensure compliant, secure business travel for their employees. 

Immigration Considerations 

The only constant in immigration is the always-changing landscape. During times of uncertainty, you should work with an immigration service provider that brings together smart, friendly legal teams and smart, friendly technology to make immigration easier for companies and the global talent they depend on. 

Envoy Global offers comprehensive services for global corporate immigration management, which include educational resources, webinars and town halls. During times of uncertainty, our team is ready to provide guidance, insights and support for everyone involved in immigration. 

Envoy Global provides a better way to manage global immigration. Reach out to us today to learn more.