A decision from the U.S. appeals court says border officers may search travellers’ cellphones without a warrant or suspicion, raising the stakes for Canadians travelling to the United States.
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Canadians travelling to the United States are being reminded that what they carry on their phones, laptops and other devices could be reviewed at the border, after a U.S. court ruling affirmed broad search powers for Customs and Border Protection officers.
The ruling was issued by the U.S. Court of Appeals for the Second Circuit on Sept. 17 in a case involving Chinwendu Alisigwe, a permanent U.S. resident whose cellphone was searched by authorities at JFK Airport in New York.
According to the decision, officers are not required to have suspicion before the government searches a traveller’s property at the border, aligning with prior court precedents used in border search cases.
The impact for travellers centres on what CBP considers a “search” of digital devices. Under CBP policy, officers previously required reasonable suspicion tied to a law violation or a national security concern in order to conduct what the policy describes as an advanced search of a cellphone or other device.
CBP distinguishes between basic and advanced searches. A basic search involves an officer looking through the contents of a device, while an advanced search involves connecting external equipment to the device to review and potentially copy its contents.
CBP has also said phone searches are relatively uncommon. Based on CBP reporting tied to 2025 travel levels, 55,424 devices were searched out of 419 million international travellers who crossed the border that year.
For Canadians and other travellers, the practical takeaway is that the possibility of device review exists even without any stated reason at the time of inspection. Canada’s federal government warns that officers can search phones, computers and tablets when Canadians enter the U.S. and that travellers are not required to provide an explanation before a search occurs.
The guidance also highlights that refusing a search could lead to consequences including device seizure or denial of entry, which makes preparation before travel an important consideration for travellers concerned about sensitive information.
Some immigration lawyers and security experts recommend travellers bring a “burner phone” to help keep private information secure and reduce exposure if a device is searched; that approach is presented as a way to limit the information available on a phone brought for travel.
The court ruling lands amid broader strains in Canada–U.S. relations described alongside the legal update, while Statistics Canada data cited in the same context shows fewer Canadians making return trips to the U.S. in 2025 compared with 2024, and more Canadians taking international trips overseas overall.
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