In a recent interview on CBC’s On The Coast with Gloria Macarenko, immigration lawyer Cindy Switzer discussed the extensive powers of U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE). Switzer highlighted that these agencies have broad authority to search travelers’ belongings, including electronic devices, when they are seeking entry into the U.S. This authority extends to questioning individuals and even searching devices within a certain range of the U.S. border.

Switzer explained that while travelers have the right to refuse to answer questions, doing so could result in being denied entry. Similarly, travelers can refuse to provide passwords for their devices, but this could lead to prolonged inspections or detention of the device. The legal landscape regarding the need for probable cause to search devices is unsettled, with some courts requiring it while others do not.

Switzer advised that if a traveler intends to enter the U.S., cooperation with authorities is crucial. This includes answering questions truthfully and providing passwords if requested. She also noted that once detained, travelers have the right to request an attorney, remain silent, and speak to a consular officer. Understanding traveler rights at the U.S. border is essential for a smooth entry process.

The interview touched on recent incidents, such as the detention of Vancouver-based actor Jasmine Mooney and the denial of entry to a French scientist, which have heightened concerns among Canadians traveling to the U.S. Switzer emphasized that while these incidents are alarming, they are not typical for Canadian travelers, especially those coming directly from Canada. Should CBP detain your device, Macarenko suggested a practical tip: memorize a few important phone numbers for emergencies.

Overall, Switzer’s advice for travelers is to remain calm, courteous, and truthful when interacting with border authorities to facilitate a smooth entry process.

To watch the complete interview on traveler rights at the U.S. border, click here

To listen to the podcast, click here

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