TSA Can't Search Your Phone, But CBP Will: Understanding Your Rights at U.S. Borders

Travelers passing through American airports encounter two federal agencies with dramatically different powers over personal electronic devices. The Transportation Security Administration cannot search the contents of your phone at a security checkpoint.

Customs and Border Protection can, and increasingly does. The distinction matters more than ever as device searches at ports of entry continue to climb. Understanding the legal boundaries of each agency helps you prepare for what may happen when you fly domestically versus when you cross an international border.

What TSA Can and Cannot Do

The TSA exists for one purpose. The agency screens passengers and baggage for weapons, explosives, and other threats to aviation safety. Its authority stops there.

When you walk through a checkpoint, officers can inspect your carry-on, ask you to remove your laptop from its bag, and run your electronics through an X-ray machine. An officer may also ask you to power your phone on to confirm it is a functioning electronic device rather than something designed to conceal a threat. 

However, the TSA generally cannot demand your passcode, scroll through your text messages, photos, or emails, or copy data from your device without additional legal authorization such as a warrant.

If a TSA officer asks you to unlock your phone at a domestic checkpoint, you are within your rights to decline. The agency's mandate does not extend to the contents of your digital life.

Why CBP Operates Under Different Rules

Customs and Border Protection works under a separate legal framework. At any international border, including airports handling arriving international flights, CBP officers operate under what courts have long recognized as the border search exception to the Fourth Amendment.

Under this exception, federal agents can conduct routine searches without a warrant and without probable cause. That authority, established through decades of court rulings, now extends to smartphones, laptops, tablets, and other electronic devices.

CBP recognizes two types of device searches. A basic search allows an officer to manually scroll through your phone. An advanced search involves connecting your device to external equipment to copy or analyze its contents. Advanced searches require both reasonable suspicion of a legal violation or a national security concern and supervisor approval, according to agency policy. 

If a search cannot be completed immediately, CBP may retain a device for up to five days. Extending detention past five days requires supervisory approval, and any extension past 15 days must be approved in seven-day increments by higher management. Data that cannot be linked to any violation must be destroyed within 21 days.

What Happens If You Refuse

US citizens cannot be denied entry to the country for refusing to unlock a device. However, officers can detain you, seize your phone, and hold it for weeks or longer while they attempt to access it.

Lawful permanent residents share similar protections regarding entry, though they may face extended questioning and device seizure.

Foreign visitors face the steepest consequences. A traveler on a visa or under the Visa Waiver Program who refuses to comply may be denied entry and sent home on the next available flight.

Steps You Can Take Before You Travel

Privacy advocates recommend several practical measures for international travelers concerned about device searches.

Consider what data you actually need to carry across a border. Sensitive work files, personal photos, or communications you would rather not share can be removed from your device and stored in cloud services you access after arrival.

Power down your phone before landing. Encrypted devices are generally more difficult to access when fully shut off rather than merely locked.

Use a strong alphanumeric passcode instead of biometric unlocking. Biometric features like FaceID and fingerprint scanning can sometimes face lower legal protection thresholds than a memorized passcode.

Document everything if your device is searched or seized. 

Ask for the officer's name and badge number, request a receipt for any property taken, and record the date and location of the encounter.

The Bottom Line for Travelers

Your rights change the moment you enter or leave the country. A phone that the TSA cannot touch at a domestic gate becomes a different story for CBP inspection at an international arrival hall. Knowing which agency you are dealing with, and what each is authorized to do, gives you the tools to protect your privacy while complying with federal law.