A legal expert explains how to prepare yourself for any travel to America.<\/p>\n
If you worry\u00a0about crossing the Canada-U.S. border, you’re not\u00a0alone.<\/p>\n
Security has continued to tighten over the past year, with additional guidance that U.S. border agents don’t need a warrant to search electronic devices<\/a>, and that misrepresenting information could land travellers in trouble.<\/p>\n A Nigerian man was recently found guilty<\/a> in a U.S. court with\u00a0evidence gathered from a\u00a0“warrantless” border search, setting a potential precedent for inbound travellers.\u00a0<\/p>\n But do Canadians really need to worry about border checks if they aren’t doing anything illegal?\u00a0<\/p>\n The answer is complex, but you shouldn’t expect\u00a0privacy with searches conducted by\u00a0the\u00a0United States Customs and Border Protection (CBP), according to\u00a0U.S. immigration lawyer Scott Railton.<\/p>\n U.S.\u00a0travel advisory: What Canadians should expect<\/p>\n Travellers can expect scrutiny at ports of entry, including of\u00a0their electronic devices<\/a>. U.S. border agents can search them and don’t need\u00a0a reason to request a password to open your device (laptop, cellphone, tablet\u00a0etc.).<\/p>\n “The CBP\u2019s ability to lawfully inspect electronic devices crossing the border is integral to keeping America safe in an increasingly digital world,” the federal agency notes on\u00a0its website.<\/p>\n This means they can search any electronic device you bring with you, including but not limited to\u00a0a mobile phone, computer or digital\u00a0camera.\u00a0<\/p>\n CBP officials\u00a0searched\u00a0less than 0.01 percent of arriving international travelers’ electronic devices in 2025, according to the agency’s\u00a0statistics<\/a>.\u00a0<\/p>\n But that figure could increase as artificial intelligence speeds up processing times that involve tech deep dives, says Railton, who’s a legal expert on travel to the U.S.\u00a0<\/p>\n The immigration lawyer doesn’t foresee a surge in smartphone searches, but speculates that border security guards may use systems to target some individuals.\u00a0<\/p>\n “In general, I think CBP wants to move people through as quickly as possible,” he says. “In the last few years, they’re using facial recognition technologies\u00a0for people coming through different ports of entry.\u00a0<\/p>\n “And then, of course, we’ve got AI searches that are just running information quicker. And so that may lead to a little bit more targeting on people,”\u00a0Railton adds.<\/p>\n Who could be\u00a0targeted?<\/p>\n The CBP is responsible for protecting the U.S. borders and enforcing various laws. But that doesn’t mean some innocent individuals aren’t\u00a0targeted.<\/p>\n For instance, Railton says he and his peers \u2014 other law professionals \u2014 may face enhanced scrutiny at borders, and they have a duty to uphold their client’s privacy. In Canada, we call this the solicitor-client privilege<\/a>.\u00a0<\/p>\n U.S. border guards have also targeted journalists<\/a>, particularly those covering immigration amid a wave of detentions by ICE.\u00a0<\/p>\n The agency prohibits the consideration of “race or ethnicity in law enforcement, investigation\u00a0and screening activities, in all but the most exceptional circumstances. But advocates say\u00a0minorities are still racially profiled<\/a>.\u00a0<\/p>\n What about social media searches?<\/p>\n The CBP may also ask for logins to your various social media accounts.\u00a0<\/p>\n “If anybody\u00a0on their social media has anti-Trump sentiment or something like that,\u00a0people are worried that that’s going to have implications for them. I wouldn’t say it’s impossible. It depends on what they’re saying. But the U.S. government has [issued] memos about not approving applications for persons who do express anti-American sentiment,” Railton explains.<\/p>\n A 2025 memorandum<\/a> from President Donald Trump\u00a0highlights “common threads animating this violent conduct include anti-Americanism, anti-capitalism, and anti-Christianity.”<\/p>\n Railton says: “So certainly conceivable somebody could have something on their social media that, particularly with how tense the trade situation is lately\u00a0\u2014\u00a0it’s definitely conceivable that could trickle down to the immigration process.”<\/p>\n Tips for a safer U.S. visit<\/p>\n If you’re worried about what’s on your phone before you cross the border, including what you have on your social media, you may want to leave your device at home, rethink your travel plans\u00a0or reconsider how you store data, Railton adds.<\/p>\n Before crossing the border, put your device in airplane mode so remote files aren’t downloaded, according to advice from the Canadian government.<\/p>\n Always hand over your device\u00a0\u2014\u00a0don’t resist. If you resist, you may be detained at the border before being deported.\u00a0<\/p>\n Find more information about exciting destinations in B.C. and across the globe, as well as travel deals and tips, by signing up for V.I.A.’s weekly travel newsletter The Wanderer<\/a>. Since travel deals can sell out, find out the day they are posted by signing up for our daily Travel Deals newsletter.<\/a><\/p>\n