Canada Warns Travellers About U.S. Border Agents’ Power to Search Phones and Laptops Without a Warrant

Canada Warns Travellers About U.S. Border Agents’ Power to Search Phones and Laptops Without a Warrant

New travel advisory urges Canadians to be prepared for electronic device searches and increased scrutiny at U.S. border crossings

In a move that reflects growing privacy concerns, the Canadian federal government has updated its official travel advice for citizens heading to the United States. The revised guidance warns Canadians to expect increased scrutiny at U.S. border crossings — including the possibility of warrantless searches of electronic devices like mobile phones, laptops, and tablets.

The warning, posted quietly on the Canadian government’s travel website, serves as a reminder that U.S. Customs and Border Protection (CBP) agents possess wide discretionary powers at ports of entry. These powers include searching the contents of personal devices without probable cause or a warrant, a practice that has drawn criticism from privacy advocates and legal experts alike.


What Has Changed in Canada’s Travel Advisory?

Expect More Than Just Routine Questions

The updated advisory explicitly states that U.S. border agents can conduct detailed inspections of travelers and their belongings, including digital devices. The change comes amid heightened border security measures and shifting diplomatic dynamics between Canada and the U.S.

Here’s what the advisory now includes:

“U.S. authorities strictly enforce entry requirements. Expect scrutiny at ports of entry, including of electronic devices. Comply and be forthcoming in all interactions with border authorities. If you are denied entry, you could be detained while awaiting deportation.”

This new paragraph adds to growing unease among Canadian travelers, particularly those who are concerned about digital privacy and the security of personal information.


No Warrant Needed: What U.S. Law Allows at the Border

The Border Search Exception to the Fourth Amendment

Under U.S. law, border agents are not required to obtain a warrant to inspect personal devices. This is due to a legal principle known as the “border search exception” to the Fourth Amendment, which allows for more invasive searches at entry points into the country.

In practical terms, this means that U.S. border officers can:

  • Request access to phones, laptops, and tablets
  • Demand passwords to unlock devices
  • Review contents including emails, messages, social media posts, and photos
  • Download or copy data for further analysis

Travelers who refuse to comply with such requests may face consequences, including device seizure, prolonged detention, or denial of entry.

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Experts Recommend Taking Precautions

Lawyers Advise Travelers to Weigh Their Privacy Risks

Privacy and immigration lawyers are now encouraging Canadians to take practical steps to protect their data if they plan to visit the United States. Among the most common advice:

  • Use a burner phone: A temporary, data-limited phone can help protect personal information.
  • Leave your primary device at home: Particularly if it contains sensitive data, work-related material, or personal correspondence.
  • Use airplane mode: Turning off internet access before crossing the border prevents automatic syncing or downloads that could trigger red flags.

Adam Schwartz, privacy litigation director with the Electronic Frontier Foundation, emphasized the deeply personal nature of today’s digital devices:

“For many people, the phone is a window into the soul… It’s got your calendar, messages, and private documents. People should think carefully about what they carry when crossing the border.”


Real-Life Case Sparks Fresh Concerns

Recent Deportation Highlights Device Search Implications

The advisory update follows several high-profile cases that have raised red flags about how border agents use the information they find on personal devices. In one recent incident, Dr. Rasha Alawieh, a Lebanese assistant professor and physician at Brown University, was deported from the United States after CBP agents found deleted images of Hezbollah and Iranian leaders on her phone.

Although she explained that the photos were not indicative of political support, the presence of such content led U.S. authorities to deny her entry.

The case underscores how even deleted or seemingly innocent digital content can lead to major legal and immigration consequences.


Discretion and Bias at the Border: No Clear Rules

Searches Often Hinge on Agent’s Gut Feeling

One of the most troubling aspects of electronic device searches at the border is that they can be carried out without any specific suspicion. According to Schwartz, an officer might search a device for any number of reasons—or no reason at all:

“It could be that they’ve been searched before. It could be that the officer thinks there’s something suspicious. Unfortunately, in general, the officer does not need any kind of suspicion in order to make the ask.”

There are also concerns that implicit or explicit bias may influence who gets searched, potentially leading to disproportionate scrutiny of travelers based on race, religion, or nationality.


Refusal May Lead to Detention or Denial of Entry

Technically, travelers can refuse to hand over their devices or provide passwords, but doing so comes with risks. U.S. border agents have the authority to:

  • Deny entry into the United States
  • Detain travelers for extended periods
  • Seize electronic devices and attempt to unlock them independently

While Canadians still face a low general risk when traveling to the U.S., the government urges citizens to evaluate their comfort level with privacy risks before heading to the border.


Cross-Border Travel Declining Amid Tensions

A Drop in Canadian Visitors to the U.S.

Canada’s update comes at a time when cross-border travel is already declining. According to government data, daily trips from Canada to the U.S. dropped nearly 15% in early 2025, reaching post-COVID lows. The reasons include political tensions, concerns about border enforcement, and privacy fears.

Legal experts say more Canadians are now reconsidering their travel plans altogether, especially in light of how much digital scrutiny is involved.


Final Word: Know Your Rights, But Be Prepared

Traveling to the United States is still considered generally safe for Canadians, but the rules around privacy at the border have become increasingly complex. With U.S. officers granted wide-ranging authority to inspect digital content, Canadian travelers must now ask themselves a critical question:

“How much privacy intrusion am I willing to tolerate?”

Whether you choose to take precautionary steps or avoid cross-border travel altogether, staying informed and proactive is key. For the latest updates, visit the official Canada Travel Advisory website.

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