If you are an Australian travelling to the United States, recent reports of travellers having their devices searched at the border and being refused entry might give you pause for thought.
A French scientist was recently denied entry to the US after immigration officers found messages on his phone critical of Donald Trump. German and British citizens have also encountered problems at US airports, according to reports.
Here’s what you need to know and what you can do if you are heading to the US.
Can immigration search my phone when I enter the US?
The US government has the power to search your devices on entry into the US, and saying you do not consent to the search likely won’t change the situation, the American Civil Liberties Union (ACLU) says.
If you don’t hand over your device password, and are visiting on a visa and are not a citizen or permanent US resident, you risk being denied entry. Even if you are allowed entry, they may keep your device for months if you refuse to unlock it for them.
What can they look at on my device?
Immigration officers can do a basic on-the-spot search of devices, the ACLU says. They can download the full contents of your device, including data – meaning they effectively get access to everything.
Officials can keep the device for longer – from days to months – if there are “extenuating circumstances”.
What should I do to prepare before going to the US?
Take steps to protect your devices, or find alternatives.
If you’re travelling for work, consider taking a laptop that has no confidential information, is shut down on entry and is not automatically connected to any cloud services or email accounts that may store confidential information.
For mobile phones, if you have the means, consider setting up a second device (sometimes referred to as a burner phone) to travel with. Make sure your second device is stripped of confidential information and contains only the basics needed on your trip.
Consider setting up a second mobile number/sim card for the second device. But if you do, make sure any apps or services that you use which are reliant on two-factor SMS authentication (rather than dedicated 2FA apps such as Authenticator) are set to verify you through your new number.
What should be on my devices before entering the US?
Travel with as little information as possible, the ACLU recommends. They advise people to use strong and unique passwords, and to shut all your devices down before crossing the border.
If possible, consider setting up new email accounts, use password managers and log out of apps such as social media. Owners of iPhones should consider enabling Lockdown Mode, which adds further protection against someone trying to access your device without the passcode.
If you need to travel with access to your existing email accounts, turn off cloud syncing services and clear downloaded emails.
If you have privileged information on your device, the ACLU advises that you should alert border officers to this fact before they begin a search.
Once in the US, if you have a password manager and access to your existing accounts, you can log back into your email and other services you may need to use.
What are my rights on entering the US?
Read more about your rights on entry in this explainer.
Does this happen in Australia too?
Yes. Australian Border Force officers largely have the same powers as their US counterparts. Guardian Australia reported last year that in the two previous years border force officers searched nearly 10,000 people’s devices on entry into the country.
In Australia, ABF officers can’t force you to hand over your passcode but similarly they can retain the device or keep you waiting longer if you refuse.
There are so far no reports of people being refused entry on grounds of political messages on their devices but Guardian Australia reported last year that one man had his devices searched on three separate occasions in one year after returning from the US.
