Canada updates travel advice to warn of U.S. border officers' power to search electronic devices

S E E D E D   C O N T E N T

The federal government has quietly updated its online travel advice to remind Canadians to "expect scrutiny" from border patrol officers if they travel to the United States.

A website with   official advice for travellers   heading south was updated with a paragraph about the "significant" discretion officers have when it comes to deciding who enters their country — including the power to search phones and laptops.

"U.S. authorities strictly enforce entry requirements. Expect scrutiny at ports of entry, including of electronic devices. Comply and be forthcoming in all interactions with border authorities. If you are denied entry, you could be detained while awaiting deportation," the website now reads.

Agents with U.S. Border Patrol have long had the power to ask to search travellers' belongings, but the Canadian government updated its online guidance to include the extra warning this week — a change that comes as the nations' long-friendly relationship breaks down under the pressure of the Trump administration's war on trade.

An immigration lawyer and a privacy lawyer said travellers who are concerned about their privacy should understand border patrol officers' powers and decide how much risk they're comfortable taking before they leave home. Two of the experts suggested travelling with a burner phone and leaving their actual phones at home.

Heather Segal, an immigration lawyer and founding partner of Segal Immigration Law in Toronto, told CBC News on Monday that her inbox is flooded with questions.

"There's been much more heightened security and heightened investigations at the border," she said. "There is just tremendous fear, fear for numerous reasons. First of all, there's fear of getting detained. There's fear of not getting into the United States."

No warrant needed

Away from the border, law enforcement officials need a search warrant to look through someone's phone or laptop. But U.S. Border Patrol officers can look through a mobile phone, check comments made on social media and examine a laptop without a warrant. They can also take devices or download all of their contents.

"For many people, the phone is a window into the soul. It's got your letters to your spouse, it's got your calendar showing all the people you've met with. And so for many people, they might want to take precautions to keep that information secure," said Adam Schwartz, privacy litigation director at the Electronic Frontier Foundation, based in San Francisco.

U.S. Customs and Border Protection statistics   show 0.1 per cent of people crossing the border had their electronic devices   searched in 2024. Sometimes, Schwartz said, agents will ask for a search based on their gut — which can be through either explicit or implicit bias, leading to discrimination.

"When will the border guard choose to search somebody? It could be no reason. It could be that they've been searched before. It could be that the officer thinks there's something suspicious. Unfortunately, in general, the officer does not need any kind of suspicion in order to make the ask," said Schwartz, whose non-partisan organization focuses on defending civil liberties with digital material.

Border guards are supposed to be scanning for evidence that a traveller might commit a crime in the U.S. or violate the terms of their entry visa, but negative statements about the country or its president might make them look harder.

"What they should be scanning for is evidence that someone is going to commit a crime or violate the terms of their entry visa. But once the officer is noodling around inside the phone, you know that there's a risk they're going to go beyond that. And as you say, they might just be looking at someone who says, 'I am angry at the president of the United States' or 'I'm proud to be Canadian and it makes me mad that the United States has just imposed tariffs on us or whatever it is," Schwartz said.

"They should be not looking for those kinds of opinions, but if they find those kinds of opinions, maybe they'll look even harder for potential evidence of law breaking or visa breaking."

Schwartz said you can refuse a search, but officers can deny you entry to the U.S. They could also seize the phone and try to unlock it themselves or detain the traveller for several hours.

The Canadian government's current risk rating for travel to the U.S. is still set at low, advising Canadians to keep taking "normal security precautions." 

Segal and Schwartz acknowledged how many people are feeling uneasy. The latter said travellers have to decide how much risk they're comfortable taking.

"For a person who wants to protect themselves, obviously, the choices are to not go to the border at all or go to the border and hope for the best. If the border guard demands the phone, there are pros and cons of unlocking. There's pros and cons of refusing and potentially being bounced," he said.

"What people have to decide before they get to the border is how much privacy intrusion they can tolerate."