The U.S. Customs and Border Protection (CBP) has reported that 141 Nepali travelers had their mobile phones and other electronic devices searched at U.S. airports between 2017 and 2022. While device searches at U.S. entry points are not uncommon, they remain relatively rare, affecting less than 0.01% of international travelers in the 2024 fiscal year, during which CBP inspected 47,047 devices.
According to CBP’s Office of Field Operations, the number of Nepali travelers subjected to device searches has steadily increased over the years: 15 in 2017, 20 in 2018, 27 in 2019, 17 in 2020, 28 in 2021, and 34 in 2022. During this period, CBP conducted searches on a total of 222,580 electronic devices across all travelers. While the overall percentage of searches remains low, recent weeks have seen a spike in incidents where travelers were denied entry based on the findings of these searches.
The legal framework governing device searches at U.S. borders stems from the Fourth Amendment, which generally protects against warrantless searches. However, a 2014 Supreme Court ruling established that warrantless searches of cell phones violate the Fourth Amendment—except at border points, including airports—where such searches are considered “reasonable” under the border search exception. This exception allows CBP agents to inspect luggage, phones, and other devices without a warrant, as these items may contain financial records, medical histories, or communications accessible via data connections.
The rights of travelers to refuse device searches depend on their immigration status. U.S. citizens can refuse searches without risking entry denial, although CBP may seize their devices. Green card holders can also refuse, but those who have spent more than 180 days outside the U.S. may face additional scrutiny upon entry, and certain criminal records could lead to revocation proceedings. Visa holders, however, have fewer protections and may be denied entry if they refuse a search.
CBP conducts two types of device searches: basic and forensic. Basic searches involve manually reviewing content on a device in airplane mode, accessing only offline data, and typically do not require a warrant. Forensic searches, which involve connecting devices to external tools for advanced analysis, face stricter regulations in some jurisdictions.
For example, a 2023 federal court ruling in New York prohibited CBP from conducting warrantless device searches—both basic and forensic—at John F. Kennedy International Airport. However, this ruling does not apply nationwide, and other federal circuits have varying standards.
The Ninth Circuit (covering states like California and Arizona) prohibits warrantless forensic searches unless tied to digital smuggling, while the Fourth Circuit (covering states like Virginia and Maryland) restricts them unless associated with ongoing border violations like human or drug trafficking.
The lack of a uniform Supreme Court ruling creates a patchwork of regulations, meaning travelers’ rights vary depending on the airport or border crossing. For instance, protections differ at Boston Logan (First Circuit), Reagan Dulles (Fourth Circuit), or land borders in Arizona (Ninth Circuit).
A 2023 New York ruling requiring warrants for forensic searches at Newark Liberty Airport does not apply in other circuits, such as the Fifth Circuit (covering Texas), where warrantless searches were upheld in a case involving Dallas Fort Worth International Airport.
Experts advise travelers to limit sensitive data on their devices to protect digital privacy, as the scope of CBP’s authority depends on both immigration status and entry point.
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Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
