This is one of the most frequently asked questions by our Instagram and YouTube followers. Our immigration lawyer Javier Montano Miranda offers us this answer:
Can they check my cell phone at immigration?
As a general rule: yes. The foreign ministries of many Latin American countries, for example, inform their nationals that this review is "legal."
Since the administration of former President Donald Trump, CBP has been allowed (Customs and Border Protection) carry out these “advanced” checks on foreigners entering US territory, violating individual guarantees such as the Fourth Amendment. These actions are protected by the banner of "national security."
The goal is to search for possible criminal offenses or terrorism and determine the foreigner's true intent when entering the United States.
In this context, it is important to highlight that during the inspection of the cellular device, the rights of the passengers must be respected and they must be treated with dignity. Human rights activists point out that it is an "invasion of the privacy" of foreigners, but it is a permitted measure that officials in the country's ports and airports can effectively carry out.
ES