U.S. Customs and Border Protection updates Border Search of Electronic Devices Directive

In January 2026, U.S. Customs and Border Protection (CBP) implemented Directive 3340‑049B, a comprehensive update to its policies governing border searches of electronic devices such as smartphones, laptops, tablets, cameras and storage media. This directive outlines what officers may search, what your rights are and what CBP can retain or share after examining your device.

CBP asserts that digital searches are essential for enforcing immigration and customs laws, and that these updates are crucial for detecting terrorism-related threats, preventing smuggling and trafficking identifying child exploitation materials and uncovering financial or commercial crimes.

What is an electronic device?

Under this updated Directive, CBP defines an electronic device as:

“Any device that may contain information in an electronic or digital form, such as computers, tablets, disks, drives, tapes, flash drives, SIM cards, global positioning systems, unmanned aircraft systems, vehicle infotainment systems, smart watches, mobile phones and other communication devices, cameras, music and other media players.”

This has been expanded from the previous definition, which didn’t include flash drives, SIM cards, GPS, unmanned aircraft systems/drones, vehicle infotainment systems or smart watches.

Two types of searches: Basic vs. advanced

The updated Directive outlines two different types of possible searches of electronic devices – basic searches and advanced searches. While basic searches can be conducted at an officer’s discretion, with or without suspicion, advanced searches can only be conducted with supervisory approval and “only in instances in which there is reasonable suspicion of activity in violation of the laws enforced or administered by CBP or… when there is a national security concern.”

The two types of searches primarily refer to the tools and methods available to officers as they search:

• Basic search – Officers can look through information stored on the device without using external tools
• Advanced search – Officers use external equipment to copy or analyze data

In either case, travellers must present devices in a condition that allows inspection. Officers may request passcodes, which are deleted after the search. CBP may share any retained data with federal, state, local, tribal, foreign and counterterrorism agencies.

Directive limitations and privacy protections

Under this updated Directive, travellers still retain some level of protection and expectation of privacy when it comes to the searching of their devices and the retention of any found data. These protections include:

Cloud-only data – CBP cannot intentionally access cloud-only data (travellers may be asked to disable network connectivity) and passcodes or other means of access may not be utilized to access information that is only stored remotely

Sensitive, privileged or confidential material – Special rules apply for attorney-client materials, journalistic content, medical files and commercial data.

Device detention – Devices may be detained only for periods deemed reasonable (detention beyond 5 days requires supervisory approval; beyond 15 days requires higher-level approval)

Data retention – CBP may retain data only when permissible or required due to probable cause and must otherwise delete all data within 21 days of search

Key takeaways

This updated Directive refines and expands the 2018 policy to reflect changes in technology, privacy concerns and clearer procedures. Expanded definitions of electronic devices, clarity on the types of searches permitted and reiteration of the limitations of – and protections afforded by – this Directive serve to both widen the net cast by CBP and outline the boundaries of their authority. However, it is important to note that any concurrent searches being conducted by U.S. Immigration and Customs Enforcement (ICE) or Homeland Security Investigations (HSI) Special Agents is subject to ICE’s own policies and procedures, not CBP’s.

If you have any questions about the updated Border Search of Electronic Devices Directive, or any other concerns about travelling to and from the United States, please contact the authors of this Insight or another member of the MLT Aikins immigration practice group.

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