U.S. Customs And Border Protection’s 6-Month Seizure Of Canadian Traveler’s Data Now Legal Under New Ruling

After a recent U.S. court ruling expanded U.S. Customs and Border Protection (CBP) officers’ authority to search devices even without establishing reasonable suspicion, travelers who cross the border with electronic devices may now face more intense scrutiny.

The case involved a U.S. permanent resident whose phone CBP searched at John F. Kennedy International Airport (JFK).

A Canadian executive also had his devices seized and forensically examined after arriving at JFK, exposing more than a terabyte of personal and professional data to government scrutiny, according to the law firm Holland & Knight.

Appeals Court Rules CBP Doesn’t Need Suspicion To Search Phones At The Border

U.S. permanent resident Chinwendu Alisigwe’s phone was searched at John F. Kennedy International Airport (JFK) without a warrant. He was later convicted for his role in a multimillion-dollar bank fraud and money laundering conspiracy. On appeal, he argued the search violated the Fourth Amendment.

In a September 17 ruling, the U.S. Court of Appeals for the Second Circuit rejected his argument, writing that “no suspicion is required before the government searches a traveler’s property at the border.”

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” – U.S. Constitution, Fourth Amendment.

CBP’s policy on electronic device searches at the border previously required probable cause or reasonable suspicion, or a national security concern, before advanced searches could be conducted, but the new court ruling on Alisigwe’s appeal to this conviction says otherwise.

The executive, stopped at JFK in summer 2025 by Homeland Security Investigations (HSI) agents and CBP officers, did not know he was under scrutiny, Holland & Knight said.

Canadian Traveler’s Devices Were Seized

Although officers acknowledged they had no suspicion of a crime, they seized his two laptops and phone and released him, the firm said. His devices were then forensically examined for six months without a warrant.

The ruling has triggered discussions among travelers and experts, with one legal counsel saying that people’s mobile phones are “private thoughts and associations,” and therefore require a warrant to search them.

The court wrote that “searches of property are made reasonable by that person’s decision to enter this country.”

“Because a cellphone is property, our precedents establish that the government does not need to have reasonable suspicion before searching a traveler’s cellphone at the border,” reads the court ruling.

The new ruling, however, does not necessarily mean that every traveler from the other side of the border, such as Canadians and Mexicans, crossing into the U.S., must have their electronic devices searched.

CBP’s Electronic Device Searches Increase In 2026

CBP’s search powers have increased for travelers, and Canadians were warned not to wipe their devices if they need to cross into the U.S., as it could raise suspicion.

Many Canadians have been subject to intense scrutiny at the border, including a traveler whose phone and fingerprints were taken in an eight-hour interrogation, although he was ultimately issued an inadmissibility.

Device searches have risen overall, according to CBP data.

International Travelers Processed With Electronic Device Search

CBP searched the devices of 55,318 travelers in fiscal year 2025, about 0.01% of more than 419 million international arrivals and an 18% increase over fiscal 2024, according to the agency.

CBP reassured travelers that these phone searches “are exercised judiciously and responsibly and are consistent with the public trust,” and has “established strict guidelines, above and beyond prevailing legal requirements.”

What The New U.S. Court Ruling For Warrantless Device Searches Means For Travelers

While CBP said that not all travelers will be subject to phone searches at ports of entry, the new U.S. court ruling has established a significant impact on those who regularly cross the border, as it no longer requires reasonable suspicion in circumstances covered by the court’s decision.

The ruling removes previous limitations placed on federal officers and no longer requires probable cause to conduct more intrusive examinations. As one legal counsel said, mobile devices are “private thoughts” and thus require legality before CBP officers can search the phones.

Following the court ruling, travelers should keep in mind that phone searches at the border are always possible, although CBP has said that few travelers experience one. Under CBP policy, officers search only data stored on the device, not data held only in the cloud.

TheTravel reached out to the U.S. Customs and Border Protection for comment.