If you have plans to travel to the U.S. from Canada, experts are advising you to leave your electronics at home if you can.
Tensions are high between the two countries as the trade war continues, and Canadians travelling down south seem to have been caught in the crossfires.
While many have chosen not to travel to the U.S. to show their support for Canada, others may still need to go there for work, school or scheduled events like weddings.
But crossing the border may not be as stress-free as it was before the tariffs.
Last week, Canada updated its U.S. travel advisory, warning Canadians about entry and exit requirements.
It advised travellers to “expect scrutiny” of electronic devices at ports of entry.
“Comply and be forthcoming in all interactions with border authorities. If you are denied entry, you could be detained while awaiting deportation,” reads the advisory.
U.S. Customs and Border Protection (CBP) says its agents do have the authority to search a traveller’s computer, phone, camera, or other electronic devices. Terrorist activity, child pornography, drug smuggling, human smuggling, and other violations have been caught through these searches.
Ackah Business Immigration Law founder and managing lawyer Evelyn Ackah told Daily Hive that Canadians should leave their electronic devices behind if possible. She also suggests travellers use a burner phone (pre-paid phone) to protect their personal data from border agents.
“If there are any concerns about their activities on social media — if they’re an activist or they’re anti-Trump — you don’t want things showing up that could lead to more challenges,” explained Ackah.
U.S. immigration lawyer Brad Bernstein also shared some helpful information on Instagram.
He says there are two types of searches: basic searches, where border agents scroll through your phone or device manually, and advanced searches, where they plug your electronics into their system to extract data for analysis.
“You are not required to provide your password — but refusing to do so could mean your device is seized,” he explained.
Bernstein advises visitors to travel light, back up their data before they cross the U.S. border, and keep those backups separate from their laptop or phone.
Michigan-based attorney Doraid Elder explained in a Reel that if you refuse to give your passcode, agents can confiscate your device and will only return it once they’ve extracted all of the information they need. This could take days, weeks, or months.
“The key is for you to understand whatever you delete, whether it’s an old phone, new phone, whether it’s years ago or last week, can be retrieved,” he said.
He recommends visitors keep their phones hidden when going through customs.
The Supreme Court in the U.S. has upheld border agents’ authority to search devices without a warrant under the Fourth Amendment’s “border search exception.”
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