Some Warrantless Searches Are Legal: What To Do If You're Stopped By Border Control

Can a border patrol officer look through your phone and other devices?

U.S. Customs and Border Protection officers can go through your phone, including any deleted items on the device.

• Heightened security measures at U.S. borders have raised concerns among travelers about their rights and potential scrutiny.
• U.S. citizens and green card holders have more rights at the border but could still face detainment or further inspection if they refuse to comply with certain requests, such as a phone search.
• Non-citizen visa holders or tourists can be denied entry if they don't answer an officer's questions and should comply with directives.

Heightened security at U.S. borders has many travelers wondering what to do if they're stopped or questioned by officers when trying to enter the country.

Under the Trump administration's crackdown on national security, there has been a recent string of high-profile cases regarding deportations, detainments and denied entries of tourists and legal visa holders. Most recently, a French scientist on assignment to Texas was denied entry after allegedly sharing their opinion on the Trump administration's research policy.

The increased scrutiny by U.S. Customs and Border Control (CBP) at ports of entry, including bolstered searching of electronic devices, has stirred concern not just in visa and green card holders but even U.S. citizens who fear something they post on social media could get them in trouble.

"I think we are in a period of more aggressive enforcement and questioning at the border," said Noor Zafar, senior staff attorney at the ACLU’s Immigrants’ Rights Project. "We would recommend to travelers to take extra precautions when they're traveling into the U.S."

According to CBP, every single person arriving at a U.S. port of entry is subject to inspection. "Lawful travelers have nothing to fear from these measures, which are designed to protect our nation's security," CBP Assistant Commissioner Hilton Beckham said in a statement to USA TODAY. "However, those intending to enter the U.S. with fraudulent purposes or malicious intent – don’t even try. A visa is a privilege, not a right, and only those who respect our laws and follow the proper procedures will be welcomed."

While most people will pass through without issues, it's still important for travelers to know their rights and how to handle any stops.

Here's a guide on what to do if you're stopped at U.S. borders.

It depends on your immigration status. U.S. citizens (which includes those from U.S. territories) and, for the most part, green card holders are afforded more rights and can't be denied entry into the country.

When stopped, they only need to answer routine questions about the nature of their trip and confirm their identity. However, they could face detainment or further inspection if they refuse to let their phone be searched, according to an ACLU Know Your Rights Guide.

On the other hand, non-citizen visa holders or tourists can be denied entry if they don't answer an officer's questions. Zafar recommends that these travelers answer CBP's questions truthfully and comply with directives.

Having an attorney's contact on standby – preferably on an easily accessible piece of paper – could be useful if you feel your rights are being violated. Requesting to call an attorney depends on the situation, including cases of prolonged detention, according to Zafar. Keep in mind that officers hold the power to deny that request.

That being said, it's worthwhile to clean up your device's photos, videos, social media or any chats so there's less content to be searched prior to your trip. "They can only access what's on your physical device," she added, so whatever is in the Cloud and only accessible via internet are technically off limits. If agents keep your phone, you should ask for a receipt about the incident and contact information to follow up.

"So, we definitely do have rights at the border, but they are diminished in certain respects," Zafar said. "Border agents have the authority to do warrantless searches of certain belongings and devices, but to a point."

Essentially, our Fourth Amendment protection against warrantless searches doesn't wholly apply within 100 miles of the border, but we still do have rights, even if it depends on your immigration status.

Here are your rights that still apply at the border:

• Most people, except for tourists, have the right to remain silent unless in the presence of their attorney, but could face arrest consequences.
• You cannot be arrested without a "probable cause" or detained without "reasonable suspicion."
• Our First Amendment right to religious and political beliefs still applies at the border, so U.S. citizens and lawful permanent residents do not have to answer questions relating to these topics. Non-citizen visa holders or tourists can also decline, but this could still lead to denied entry.

If you believe you're being racially or religiously profiled – which is protected under the U.S. Department of Homeland Security's guidelines – or if an agent is asking intrusive questions relating to politics, you can file a complaint.

"It's kind of an open question, especially now, of how seriously these complaints are going to be taken, but this is a first step," Zafar said.

And, of course, you can get in touch with an attorney who can consult if there's further action to be taken.

What to know about travel bans and who they could affect

Immigration law allows presidents to restrict travel into the U.S., but President Donald Trump's bans have been more sweeping than past presidents.