Here’s what experts say when it comes to U.S. border agents looking at your phone

Cars line up to enter the U.S. from Canada at the Peace Arch border crossing Monday, Nov. 8, 2021, in Blaine, Wash. (AP Photo/Elaine Thompson) (Elaine Thompson/AP)

Recent reports of travellers being detained or denied entry to the U.S. have sparked concern among Canadians, particularly whether political opinions expressed online could impact border crossings.

While some have paused or reconsidered their travel plans, immigration experts say that while concerns are understandable, the situation may not be as extreme as it seems.

Here’s what you need to know amid heightened concerns over travel to the U.S.

Can U.S. border agents search your phone?

The short answer: Yes, U.S. border agents have the given authority to search travellers’ electronic devices, including phones, laptops and cameras, according to the U.S. Customs and Border Protection (CBP). The CBP states on their website that these occasions are “rare,” claiming they are used to “identify and combat terrorist activity, child pornography and drug smuggling.”

CBP says in 2024 less than 0.01 per cent of international travellers crossing the border are subjected to electronic device search in a port of entry.

This means out of the more than 420 million travellers CBP processed at ports of entry, just over searched the electronic devices of over 47,000 international travellers in 2024.

“Going to the U.S. is a privilege, not a right, so they can do whatever they want functionally,” Benjamin Green, senior associate at Green and Spiegel law firm told CTVNews.ca in a phone interview Friday.

While border searches are legally permitted, Green notes that phone searches often don’t occur in isolation, but as part of a broader investigation into a traveller’s background.

“A lot of times, U.S. entry is sort of this cascade,” he explains. “Maybe they have some information on you, they take you into a secondary and it sort of progresses from there.”

Have Canadians been targeted over political views?

Recent news stories have raised alarms about individuals being detained entry to the U.S. over their online activity.

Earlier this week, AFP reported a French space scientist was refused entry due to what U.S. officials deemed as “hateful messages” criticizing the U.S. President Donald Trump’s administration policies on research.

Canadian entrepreneur Jasmine Mooney returned to Vancouver after she spent a dozen days between multiple detention centres in the U.S. Mooney was detained after she applied for a visa at the U.S.-Mexico border on March 3.

Green says he has not seen a rise in cases where Canadians are being questioned or detained specifically due to political opinions, but the general consensus of worry amid tougher border scrutiny has been felt.

“I think in the last couple of weeks, we’ve definitely heard more horror stories, and we’ve felt from our clients that there’s more concern,” Green said.

He points out that when high-profile cases make headlines, people become more aware of the risks.

“A lot of these stories, you scratch the surface and it’s a little more complicated than an officer going on a power trip,” he said. In many instances, Green says other factors – prior visa refusal or getting beyond political speech and into participation – may be triggering border scrutiny.

Why are people concerned now?

While immigration lawyers say the rules have not drastically changed, the perception of increased enforcement has led to anxiety among travellers.

Green says his office has received more calls from Canadians questioning whether they could face issues at the border.

“I’ve had people with green cards for 30 years asking if they’ll have a problem. I’ve had people who lived in the States for 40 years, wondering if they should leave the country. People are worried,” he says.

Among the worried is McGill University professor Arash Abizadeh, who pulled out of three planned work-related visits to the U.S., citing “a breakdown of rule of law.”

Abizadeh says threats of annexation by the U.S. president had already given him pause about going south, and now with recent reports of travellers being detained, he’s cancelled those trips.

According to Statistics Canada, there was a 23 per cent drop year-over-year in the number of Canadians crossing back into Canada from the U.S. in February.

What are your rights at the border?

When it comes to electronic device searches, travellers have limited options.

“The only sort of trigger you have is to withdraw your application for entry,” Green said. “You don’t have to do it, but then you don’t have to go to the States. It’s a two-way street.”

Len Saunders, an immigration lawyer from Washington State, told CTVnews.ca in a phone interview Friday if you’re not willing to be subject to inspection, they will deny you entry.

“There’s no right to legal counsel at the border. You’re not allowed to call your lawyer. You don’t have the same protections as someone who’s in the U.S.,” Saunders said.

Saunders says if you are concerned about what rights you do and don’t have, go to pre-flight clearance at select Canadian airports – a means to allow customs and immigration officials from the country of destination to be located in the country of origin in order to clear or deny the admission of travellers or goods to the destination country.

Saunders says these ongoing border rifts point to the lack of travellers crossing the border.

At the Peace Arch Canada-U.S. border crossing, which connects Blaine, Wash., and Surrey, B.C., Saunders says there’s not much activity, pointing to a client who came through this port entry and said there were three cars in line.

“It’s a chilling effect,” Saunders said.