Trends in travel to the U.S. have increasingly evolved over the past several months. While it is reported that travel to the U.S. has decreased, for Canadians who still need to travel to the United States for work, there are several important considerations to take before travelling including the Alien Registration requirement as well as the potential of having your electronic devices searched at a land Port of Entry or Preclearance at a designated airport when clearing U.S. customs.
Customs and Border Patrol (CBP) officers at the United States and Canadian land borders and Preclearance locations have always had the ability to search electronic devices at Ports of Entry, formalized for travellers in a directive released by CBP in 2018. The directive reiterates the long-standing legal principle that the expectation of privacy is less at the border and CBP has the authority to inspect all types of personal property, including but not limited to electronic devices.
While CBP has had this authority prior to 2025, it has been reported that U.S. authorities have recently been more strict when reviewing individuals for entry into the U.S. In response to those reports, on April 4, 2025, the Canadian Government updated its guidance for Canadian’s travelling to the United States. Specifically, the Canadian Government added a paragraph about the “significant” discretion CBP officers have granting entry into the United States.
What to really expect at a Port of Entry or Preclearance
Travel to the U.S. remains open to Canadian travellers entering the U.S. for visiting, business or work. At all times, the U.S. CBP officers have the authority to inspect an individual seeking entry to the U.S.
A border search of electronic devices may include searches of information stored on the device, when it is presented for inspection or during detention by CBP for entry or exiting the United States. A basic search of an electronic device allows a CBP officer to examine information accessible through the device’s operating system or through other software, tools or applications. This includes social media posts and messages stored on the device.
An officer also may have the authority to conduct an “advance search,” which occurs when an Officer connects external equipment, through a wired or wireless connection, to an electronic device not merely to gain access but to review, copy and/or analyze the device’s content. In order for an advance search to occur, a CBP officer must have reasonable suspicion of activity that is in violation of the laws enforced or administered by CBP, or there must be a national security concern. An advance search does require a legal basis for a CBP officer to conduct this type of a search. An advance search also requires that the search of the device be documented and conducted in the presence of a supervisor.
Be reminded that using passwords on your mobile device may not be a free pass. If you are asked by CBP to unlock your phone, you are not legally required to give CBP the password to unlock the device. However, the CBP officers do have ultimate discretion to grant or deny your request for entry to the U.S. Refusing to provide a password to a mobile device can lead to a denial of entry to the U.S.
For most travellers, a basic search of an electronic device may occur, so it is necessary to be prepared and take the appropriate precautions.
Practical tips prior to travel
For Canadians concerned about their privacy when crossing the U.S. border, below are some tips to comply with CBP, while also maintaining some privacy.
- Limit your electronic devices: As we live in a digital age, it is likely that most travellers have at least one mobile device on them when travelling to the U.S. If a device is not necessary, consider leaving it at home.
- Be mindful what you post on social media: Be mindful that CBP officers can search a traveller’s social media through an app on a cellular phone, but it can also be accessed via a simple Google search.
- Delete, back up, and use the cloud: Remove any unnecessary personal or sensitive information from the electronic device and consider backing up your device prior to travel.
For more information about this topic, please contact the authors or a member of our immigration group.
Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.
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