What to Expect When Your Employee’s Devices Are Inspected by CBP

At U.S. borders, electronic device searches by CBP are rare and subject to protocols, but travelers should be prepared for potential scrutiny.

As employees travel through U.S. ports of entry, they may wonder about the likelihood of their cell phones and laptops undergoing inspection by U.S. Customs and Border Protection (CBP).

While electronic device searches do occur, they are relatively rare.

The Fourth Amendment, which protects against unreasonable searches and seizures, is somewhat weakened in these scenarios.

Nonetheless, CBP follows specific guidelines that require officers to explain their reasons for conducting such searches.

Below, we explore how these procedures work and what your employees should anticipate if they’re selected for inspection.

How Likely is a Search?

The chances of an employee’s laptop being inspected are about one in ten thousand.

CBP understands that searching through electronic devices is an invasive process.

Consequently, they strive to minimize disruptions when conducting passenger inspections.

Tools for Data Evaluation

CBP utilizes a variety of algorithms and extensive databases to evaluate security risks and determine immigration eligibility.

As flights approach the United States, CBP’s systems cross-reference information with databases managed by federal agencies such as the FBI, Department of Homeland Security, and CIA.

In addition, they may scrutinize data from social media and other public platforms.

Dealing with False Alerts

Every now and then, CBP’s search algorithms might generate incorrect alerts.

For example, a traveler whose name is similar to someone flagged in government databases could face complications.

If this happens, employees can submit a request to the CBP Traveler Redress Inquiry Program (TRIPS), a straightforward process for addressing mistaken identity issues, though it may take time and may not always result in resolution.

It’s generally in travelers’ best interests to assist CBP by providing passwords to their electronic devices.

If self-service is not possible, the agency may retain the device for further investigation.

Officers typically conduct a standard search in the traveler’s presence, while an extensive search may entail copying files stored on the device.

Although U.S. citizens and lawful permanent residents usually gain entry without issues, failure to provide a password could result in CBP holding their device.

The secondary inspection process can last anywhere from thirty minutes to six hours, depending on factors such as search complexity and staff availability.

Generally, the individual is allowed to remain present during this procedure.

As outlined in CBP directives, most data collected during inspections must be destroyed unless there are legitimate law enforcement reasons to keep it.

It’s important to understand that CBP can only access information saved on the device itself and cannot reach data stored remotely, such as files on iCloud that haven’t been downloaded.

If any employee feels they were treated unfairly during their secondary inspection, they have the option to file a complaint with the Office of Civil Rights and Civil Liberties or the Department of Homeland Security (DHS) Office of Privacy.

Both entities have their own established procedures for handling such grievances.

This overview reflects current policies set by CBP.

As a new presidential administration may bring changes, it’s good to remain vigilant for updates, though significant shifts are not anticipated at this time.

Any changes will be communicated as they arise.

Source: Natlawreview