Travelling to the U.S.? New court ruling allows phone searches without warrant

Canadians travelling to the United States may want to think twice about what’s stored on their phones before crossing the border.

A recent court ruling has affirmed that U.S. border officers can now conduct warrantless searches of travellers’ cellphones without probable cause or even reasonable suspicion.

The decision, issued by the U.S. The Court of Appeals for the Second Circuit on Sept. 17, stemmed from the case of Chinwendu Alisigwe, a permanent U.S. resident whose cellphone was searched by authorities at JFK Airport in New York.

“Under our precedents, no suspicion is required before the government searches a traveller’s property at the border,” read the ruling.

Under U.S. Customs and Border Protection (CBP) policy, officers previously needed reasonable suspicion of a law violation or a national security concern in order to conduct advanced searches.

While this doesn’t necessarily mean that every Canadian who enters the U.S. will have their phone searched, every individual should be aware it could be a possibility for them at the border.

CBP reported that phone searches are relatively uncommon. Latest stats show that of the 419 million international travellers who crossed the border in 2025, officers searched 55,424 devices.

CBP distinguished between basic and advanced searches. A basic search involves an officer looking through the contents of a device, while an advanced search involves connecting external equipment to the device to review and even copy its contents.

Back in 2025, CBP also proposed a new policy that would require Canadians and other travellers to share their social media profiles at the border. However, this proposal was never made official.

For Canadians crossing the border, the main takeaway is to be mindful of what you’re carrying on your phone (laptops and other devices, too) and to delete any sensitive messages, apps, or documents before your trip.

Immigration lawyers and security experts recommend travellers bring a burner phone when visiting the U.S. to keep private information secure. This can help avoid unnecessary scrutiny or data exposure.

The Canadian government warns that officers can search phones, computers, and tablets when Canadians enter the U.S., and they are not required to provide a reason or explanation. Refusing a search could result in your device being seized or being denied entry.

This new ruling comes at a time when relations between Canada and the U.S. have become increasingly strained.

The two countries have been at odds over tariffs and trade, while President Donald Trump has repeatedly made negative comments about Canada and its relationship with the U.S.

Despite these tensions, plenty of Canadians still travel south of the border — however, overall trips have declined significantly.

Statistics Canada reported that return trips from the U.S. fell by 25.4 per cent in 2025, from 39.0 million trips in 2024 to 29.1 million.

The decline was particularly pronounced during the summer, when monthly trips to the U.S. were down by roughly 30 per cent year over year. Florida was one state hit pretty hard by the downturn.

At the same time, more Canadians headed overseas, with international trips rising 9.2 per cent overall.

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