US border searches & tighter US entry checks

There’s been a fair amount of coverage lately surrounding more stringent and robust checks by US Border Control, among the more conspicuous of which is the requests to examine electronic devices.

A number of our travellers have voiced their concerns about being asked to reveal social media, private messages and data when they reach US immigration.  Certainly something to be cognizant of when travelling stateside.

It originated from relatively new measures installed earlier this year by the Trump administration designed to combat terrorism, threats to national security and to ‘public safety’. This essentially gives a very broad remit to US Customs and Border Protection (CBP) to examine your data.

CBP can perform a ‘basic’ or ‘advanced’ search of devices. A basic search is usually a quick scan through them, but advanced search can involve connection to an external device, copying and analysis of contents.

You only will probably first be made aware of all this when undergoing the visa or ESTA application process. You will be asked to share your social media profile but note that this section is not compulsory.

Under their expanded powers, CBP can inspect and confiscate electronic devices including USB drives and search them – and you – if they have good reason.

As your data security and IT department will no-doubt advise you; think about what you would need if your devices are seized (initial confiscation is for five days, extendable in seven-day periods). So back up what you need for your trip to somewhere you can easily access it and consider removing any sensitive client data.

According to CBP: “If a foreign national refuses to present their electronic devices and the information resident on the device in a condition that allows for the examination of the device and its contents, CBP may consider the foreign national’s noncompliance and the inability to inspect the device when making admissibility decisions and may take appropriate law enforcement actions.”

For up-to-the-minute advice on this and all other requirements on your next trip, wherever it may take you, contact your dedicated travel team or your Client Success Manager.