Rising reports of U.S. Customs and Border Protection searches and detainments have raised concerns among travelers about what could happen if they’re stopped when trying to enter the country.
CBP has long had the authority to search the contents of electronic devices to verify someone’s identity or assess if they’re a risk to national security. However, some immigration attorneys say such searches are becoming more frequent under the Trump Administration, and now social media profiles or being outspoken on a political issue are also under higher scrutiny.
Travelers’ rights against warrantless searches are weakened within 100 miles of any port of entry, so any person is subject to being questioned and their electronic devices – including phones, tablets and laptops – searched by border agents regardless of immigration status.
However, travelers can still take steps to better protect their digital privacy at borders, including turning off biometrics to unlock their phones. Here’s what to know.
Some warrantless searches are legal: What to do if you’re stopped by border control
Do I have to give my password to border agents?
Technically, no, but what happens next depends on your immigration status.
U.S. citizens and lawful permanent residents cannot be denied entry into the country if they refuse to hand over or unlock their devices with their passwords, according to the American Civil Liberties Union’s Know Your Rights: U.S. Airports and Ports of Entry. However, CBP might seize your phone and even keep it for weeks or months. (In this case, make sure you write down the name and badge number of the officer and ask for a receipt.)
However, non-citizen visa holders and tourists might be denied entry if they don’t give their passwords.
If you decide to unlock your phone with your password, enter it yourself instead of giving it to the agent. “They still might demand that you share it, but it’s a precaution worth trying to take,” according to the ACLU website.
Can CBP use biometrics to unlock my phone?
It can happen because biometrics are less secure, but it’s legally murky. While the Electronic Frontier Foundation (EFF) believes Face ID or fingerprints to lock devices should be protected under the Fifth Amendment, which protects against self-incrimination, some courts have ruled otherwise. There have also been instances when law enforcement has forced people’s fingers onto their phones to unlock them, so it may also happen at borders, the EFF states on its website. An agent could simply hold your phone up and easily unlock it.
The main takeaway is that biometrics are not as protected as a long password or encryption, so they’re not the best idea if you’re border-crossing.
How to turn biometrics off on your phone
On an Android:
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Navigate to the Security or Privacy sections, depending on the manufacturer
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Look for the biometric authentication and toggle off
On an iPhone:
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Search for Face ID & Passcode or Touch ID & Passcode
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Toggle off the iPhone Unlock to disable the function. This will set your phone to needing the passcode to unlock.
This article originally appeared on USA TODAY: Can border control use Face ID to unlock my phone? What to know
The post Do I have to give border control my phone’s password? What travelers should know. appeared first on USA TODAY.
