this post was submitted on 12 Apr 2025
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Amid the recent news of a U.S. citizen being asked to turn over his phone to authorities at a border crossing, Sophia Cope of the Electronic Frontier Foundation has tips on digital civil liberties.

Archived at https://web.archive.org/web/20250412154222/https://www.npr.org/2025/04/11/nx-s1-5359447/what-are-your-rights-if-border-authorities-ask-for-your-phone

Related, "Attorney representing a student protester detained by federal immigration agents"

When a man in Michigan was heading home on Sunday from a family vacation in the Caribbean, he was stopped in the Detroit Airport. Federal officers, border agents, detained him, interrogated him and pressured him to hand over his cellphone. The man is a U.S. citizen. He's a civil rights and criminal defense attorney, and among his clients is an activist who has been charged in connection to a pro-Palestinian protest at the University of Michigan.

Archived at https://web.archive.org/web/20250410185452/https://www.npr.org/transcripts/nx-s1-5357455

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[–] barneypiccolo@lemm.ee 15 points 2 days ago

If you are traveling out of the country, leave your real phone at home, and get a burner phone for travel, with no business or old social media on it.

Take pictures on vacation, and if you have to use social media, start new accounts for your trip, and dont post ANYTHING political or controversial, just vacation posts.

[–] then_three_more@lemmy.world 73 points 2 days ago (1 children)
[–] breezeblock@lemm.ee 42 points 2 days ago (1 children)

As an American -- please don't come here until we've sorted our shit out. Money is frankly the only thing these morons will listen to.

[–] barneypiccolo@lemm.ee 13 points 2 days ago

As someone who makes at least part of their living from tourists, i agree. Avoid America right now. Most foreign tourists travel to Florida, which is the MAGA Nazi Homeland. Stay away, and make them feel it. I'll ride it out.

[–] PunkRockSportsFan@fanaticus.social 70 points 3 days ago (3 children)

Tell them to fuck off.

Make sure your phone is already turned off before you go through.

Refuse to let them turn it on.

“I can’t remember my password”

Smile and be polite but make sure they hear the “fuck off nazi” in your tone.

DO NOT CONSENT TO A SEARCH.

[–] gAlienLifeform@lemmy.world 63 points 3 days ago (5 children)

I love the spirit of what you're saying, but per the attorney's advice in this article, they might seize your phone no matter what you say, password protection with no fingerprint or face scan unlock should ideally keep them out (note that law enforcement usually can take your picture or finger print you without needing a warrant or anything, but they can't force you to tell them a password), but you will probably never get that device back and you could be detained indefinitely while they try to intimidate you into waiving your 5th amendment silence rights.

So because citizens have an absolute right to reenter the country, they have a bit more leverage to, you know, deny a request or refuse to comply with requests to unlock their phone. But that doesn't mean that there aren't going to be consequences. They could be detained for several hours. Their phone could eventually be confiscated. So even U.S. citizens have to think about those potential consequences.

...

[As for lawful permanent residents,] [t]echnically, they also have to be let back into the country, but as we've seen in sort of a nonborder contexts, the government and the current administration is pretty willing to question the status of LPRs. And so we always say that, you know, they should be especially kind of mindful and thoughtful about how they comport themselves at the border.

I think your best strategies would be 1) just do not travel to the United States if it can at all be avoided; 2) if you must to travel to the US, don't bring any electronic devices capable of storing media with you, purchase new ones after you are past the border, securely download what you need, then erase and destroy those devices before leaving; 3) if purchasing throwaway devices isn't an option, just act as white as you possibly can and just hope you get lucky and they ignore you.

[–] PunkRockSportsFan@fanaticus.social 31 points 3 days ago (2 children)

Act as white as possible lol

[–] jaggedrobotpubes@lemmy.world 4 points 2 days ago (1 children)

Demand to speak to their manager!

I snorted and blew out snot at this comment. Good job.

[–] Gerudo@lemm.ee 23 points 3 days ago (1 children)

This 100% is a thing, and it helps. My wife isn't white but can turn it on and fool almost anyone. It has gotten her out of tickets, sticky situations, rude service industry etc.. it's hilarious to watch.

[–] PunkRockSportsFan@fanaticus.social 10 points 3 days ago (4 children)

lol. I am white but I don’t know how to act white. Am I screwed ?

[–] EmpathicVagrant@lemmy.world 14 points 2 days ago (1 children)

Act like you’re at a classic rock concert instead of punk rock, just turn the basic up to 11.

Turn the basic up to 11 lolllll. You nailed it

[–] futatorius@lemm.ee 13 points 2 days ago (1 children)

You know, you just don't know you know.

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[–] twistypencil@lemmy.world 16 points 3 days ago (4 children)

Face scan unlock is NOT enough. When crossing the border turn OFF the phone. Don't just lock it, full off. The security protections from cellibrite attacks are much much much much stronger if it is off

[–] Mac@mander.xyz 8 points 2 days ago (1 children)

password protection with no face unlock

[–] twistypencil@lemmy.world 2 points 1 day ago

Even so, off is better. Disk is unencrypted when on, leading to potential extraction. When off, there is more protection

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[–] Ep1cFac3pa1m@lemmy.world 14 points 3 days ago (1 children)

If you’re a US citizen they can only hold you for 48 hours without pressing charges. I no longer have faith that limit will be enforced, but it’s there in theory.

[–] bss03@infosec.pub 8 points 2 days ago

Didn't you hear? Due process is suspended indefinitely. /s (sorta)

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[–] Treczoks@lemmy.world 13 points 2 days ago

Do you speak Spanish? You might need it in your next destination to communicate with your cellmates.

[–] twistypencil@lemmy.world 10 points 3 days ago

Don't do that. Be nice and respectful when you are asserting your rights. Nothing good comes from being an ass about it

[–] Duamerthrax@lemmy.world 54 points 3 days ago* (last edited 2 days ago) (1 children)

You don't and haven't had rights near the boarder since the Patriot Act. If you're traveling, use a burner phone and backup/wipe your laptop. Setup a NAS at home and do not setup any logins for it on the laptop before you arrive at your destination if you really need files.

[–] michel@lemmy.ml 10 points 2 days ago

I will only travel with work devices from now on. Big tech is complicit in electing Trump, they can deal with my devices being seized by immigration

[–] ExLisper@lemmy.curiana.net 6 points 2 days ago

If you're not a citizen you don't have any rights. It's nearly impossible to file a complaint after they deported you. They can just deny you entry (or worse) and even if technically it was illegal there's nothing you can do about it.

[–] Brkdncr@lemmy.world 26 points 3 days ago (2 children)

Wipe phone, set it up with dummy info like a Gmail account that you’ve previously signed up for random newsletters.add your mom and your dr as contacts, cross border, wipe it again, then restore from cloud.

When I was supporting people in hostile countries they would use a “burner” device. It literally was considered unusable upon return.

There’s a story about how a person brought back a cheap Pdu from an hotel they were staying ant and one day it caught on fire. IT opened it, because power strips are designed to not catch on fire, to find a bug in it.

If it about of your sight for any amount of time it’s probably untrustworthy.

[–] ericatty@infosec.pub 15 points 2 days ago (1 children)

because I'm sometimes too literal, you mean a surveillance bug, not an insect bug?

[–] Brkdncr@lemmy.world 13 points 2 days ago

Sorry yes it was surveillance.

[–] solrize@lemmy.world 6 points 2 days ago (7 children)

wipe phone

I'm not convinced there is any way to reliably wipe private stuff from a phone. You have to have a separate phone for travel purposes. Buy it new and never let anything really private onto it.

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[–] twistypencil@lemmy.world 0 points 1 day ago (1 children)

Which US citizen did he deport? I'm not aware of that

[–] gAlienLifeform@lemmy.world 1 points 1 day ago

I think you posted this comment in the wrong thread btw

[–] CCMan1701A@startrek.website 4 points 2 days ago (1 children)

What if you open the phone with a secondary account and allow them to search it without disclosure of the other accounts?

I wouldn't trust that

[–] solrize@lemmy.world 19 points 3 days ago (17 children)

Use a burner phone if possible.

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[–] gedaliyah@lemmy.world 10 points 2 days ago

Its also important to note that there is a big difference between US border patrol and ICE. You should know who you are interacting with.

[–] mkwt@lemmy.world 9 points 3 days ago (5 children)

Use a pass code. Do not use fingerprint or face ID unlock.

The current law is that you can be compelled to unlock your phone with your face or finger. (Probably should require a search warrant).

You cannot be compelled to say what a pass code or password is. You have the right to remain silent.

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