Newly Introduced Senate Bill Requires Warrants For Border Phone Searches

The Customs and Border Protection (CBP) has broad rights to search the mobile device, laptop, and other electronic devices of anybody crossing the border to enter into United States soil. For those not keen on cooperating (by providing their password), know that CBP agents can detain non-complying people, confiscate their handsets, and even subject them to deportation.

Senator Ron Wyden of Oregon and Senator Rand Paul of Kentucky, along with a bipartisan group of American lawmakers, want to change all of that. Recently this week, they introduced bills in the House and Senate which would effectively require the CBP to get a warrant based on probable cause before they can conduct border phone searches. 

To be perfectly clear about everything, this restriction would only apply to “US persons” which include American citizens, immigrants with permanent residence, and others who are living legally in the country. What is happening right now is that CBP agents can freely search the devices of US citizens even without need of a warrant. But as pointed out by Senator Paul, no American should be asked to surrender his rights or privacy when crossing the border.

Border phone searches have hit headlines recently. Back in January early this year, an American citizen claimed he was forced by CBP agents to unlock and turn over a mobile device that belonged to his employer, the National Aeronautics and Space Administration’s Jet Propulsion Lab. 

Then last month, it was reported that incidents of border phone searches have increased from less than 5,000 in 2015 to 25,000 in 2016. In the month of February this year alone, CBP agents performed border phone searches 5,000 times. Last month, a group of First Amendment lawyers filed a case against the US Department of Homeland Security and Immigration and Customs Enforcement, in order to inquire what processes and policies these agencies are using in order to determine when to perform border phone searches. Other reports indicated that CBP agents are even asking for passwords to social media accounts from people passing the border. 

The new Senate bill would significantly impact how border phone searches are performed. Warrants normally require a judge’s approval, which means that CBP agents can not just conduct a search right there and then. As explained by Wyden, the aim of the bill is to have CBP agents focus on apprehending criminals and terrorists, not perform seemingly random searches on legitimate US citizens.