US border agents have the legal authority to conduct inspections at the US border, something a police officer on the street could not do.

Laws allowing agents to inspect bags without a judge’s permission, to comply with immigration or security measures, have expanded to digital devices.

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However, activists argue that inspecting a digital device is much more drastic than inspecting a suitcase, as reported by the New York Times.

They noted that in addition to containing personal photos and messages, the devices could put anyone the owner may have communicated with at risk.

As a result of the September 11, 2001 attack, security measures for entering the United States were severely tightened. Photo: Istock

“Before government agents can review that amount of private information, they must have good cause based on individual suspicions of illegal activity,” said Nathan Freed Wessler, a staff attorney with the American Civil Liberties Union (ACLU).

“People’s most private data will be exposed without any justification,” he added.

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Can they check my cell phone at customs to enter the United States?

The answer is yes, they can. The Mexican Ministry of Foreign Affairs (SRE) reported that this procedure is performed upon landing in the United States.

CBP is the entity responsible for reviewing the electronic devices of “persons they deem relevant”. In addition, it emphasizes that during this review, passengers’ rights must be respected by receiving dignified and professional treatment.

Policies giving border agents the authority to inspect or seize devices took effect under Obama despite criticism.

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They will ask you to cooperate willingly and make the experience uncomfortable if you resist. Photo: Istock

There is no information available to suggest that such assessments have increased during President Trump’s tenure, although activists say they have anecdotally heard more cases.

A spokesman for the customs agency said they could not comment on individual cases.

However, Freed Wessler said agents inspected 4,444 cell phones and 320 electronic devices in 2015, representing 0.0012 percent of the country’s 383 million arrivals. Figures for 2016 and 2017 were not yet available.

Why do they check cell phones to enter the United States?

As a result of the September 11, 2001 attack, security measures for entering the United States were severely tightened. Therefore, the country’s border security was given top priority.

Policies giving border agents the authority to inspect or seize devices took effect under Obama despite criticism. Photo: Evgeniy Shkolenko

Can they force you to show the contents of your mobile phone or laptop?

No, but they may ask you to cooperate willingly and make the experience uncomfortable if you resist. Travelers must decide how much trouble they are willing to put up with.

You may lose your device as agents can confiscate it for weeks before you return it. They could also copy the information (such information must be destroyed “as soon as possible” if it is worthless, according to national security policy).