A federal judge ruled that Customs and Border Protection (CBP) agents must have a search warrant to conduct phone searches at U.S. borders. The Fourth Amendment does not ban all searches and seizures, just those that are considered unreasonable. The latest ruling by a federal judge in New York says that Customs and Border Protection (CBP) agents cannot search travelers’ phones without a warrant.

Although this phone search ruling theoretically applies to all U.S. entry points, it currently only affects the New York Eastern District, including John F. Kennedy Airport in Queens. Across the U.S., over 230,000 searches have been completed by CBP between 2018 and 2023.

Previously, a 2021 U.S. Court of Appeals decision allowed CBP agents to search phones without a warrant or reasonable suspicion. This decision overturned an earlier ruling that had considered such searches a Fourth Amendment violation.

The New York judge’s ruling challenges the 2021 decision by questioning whether phone searches should require reasonable suspicion. There is a debate over whether these searches should be considered routine border checks or if they need a valid reason to be carried out. Furthermore, there is growing concern about phone searches, with a bi-partisan group of senators asking the Homeland Security Secretary about what data is collected and how it is used.

As always, we actively monitor ongoing court findings to ensure our clients are aware of developing issues. If you have questions about international travel with a visa or any other U.S. immigration-related issues, contact us. Our team of experienced attorneys works directly with our clients every step of the way.