In a recent CTV news article, Vancouver-based immigration lawyer Cindy Switzer provided valuable insights into the evolving policies of U.S. Customs and Border Protection (CBP) agents regarding electronic device inspections at the border. Switzer highlighted the changing landscape of border inspections and their impact on travelers’ digital privacy.

Switzer noted that CBP agents have long had the authority to search the electronic devices of anyone crossing the border, including U.S. citizens and Canadians. Traditionally, these searches focused on evidence of crimes like drug trafficking and child pornography. However, recent incidents suggest a shift under the Trump administration, with border guards now examining political leanings and opinions expressed on social media and messaging apps.

A notable example is the case of a French scientist denied entry to the U.S. for a conference in Houston. The scientist was turned away because his cellphone contained messages critical of the Trump administration’s research policies. French Higher Education Minister Philippe Baptiste confirmed that the measure was taken due to the researcher’s political opinions.

Switzer emphasized the broad discretionary power of CBP agents in deciding who to admit. “Border officers have full discretion to grant or deny admission for any reason,” she said. This discretion can lead to arbitrary decisions based on content found on travelers’ devices, including political views that may not align with the current administration’s policies.

Given the heightened scrutiny, Switzer and other experts offer practical advice for travelers concerned about digital privacy. Mike Agerbo, a digital living expert, suggests using a different phone for border crossings, preferably one that has been factory reset and does not contain sensitive information. For those without a second phone, Agerbo recommends thoroughly examining and securely deleting unnecessary data from their devices.

Switzer’s insights provide a critical perspective on the evolving policies at U.S. borders and their impact on travelers’ digital privacy. By understanding the discretionary power of CBP agents and taking steps to safeguard personal information, travelers can better navigate the complexities of border inspections.

To watch the full interview click here

MKS Immigration Lawyers are prepared to help you with your immigration to Canada. Whether you need answers, guidance, or legal support, you can arrange a consultation with Cindy Switzer or any other member of our team. To book a consultation click here