Thinking about traveling to the US? Wiping your phone at immigration could get you in trouble – here’s why | Today’s news
For many travelers, arriving in a new country usually means clearing immigration, collecting your luggage, and starting your journey. But increasingly, another option is becoming part of the border experience, especially when entering the United States: being asked to hand over your phone for inspection. From tourists and students to business travelers and even US citizens, searches of electronic devices at border crossings have drawn increasing attention regarding the privacy and rights of travelers.
One such incident involved Atlanta activist Samuel Tunick, who was returning from a vacation in the Dominican Republic.
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Here is what happened
Tunick was stopped by Customs and Border Protection (CBP) officials at Hartsfield-Jackson International Airport, who demanded his cell phone and passcode to unlock it and said they were looking for child sexual abuse material, US news reported Monday (local time).
However, Tunick’s device was powered by GrapheneOS, an Android-based operating system that includes a “duress” PIN capable of wiping all data and resetting the phone to factory settings. When the border guards entered the PIN he gave them, the result was not what they expected. Following the incident, Tunick faced federal charges under a rarely used law that makes it a felony to destroy property to avoid seizure.
As a result, a federal court in Georgia has become the basis for what could be a far-reaching legal battle over federal border searches and Americans’ rights to resist them. The activist’s lawyers argued that CBP officials’ request to search his phone was invalid because it violated his constitutional rights. They said: “The evidence obtained from Mr. Tunick’s phone – or the lack thereof – should be suppressed as the fruits of illegally obtained evidence.”
His legal team also argued that Tunick was under investigation for his involvement in the “Defend the Atlanta Forest” movement, also known as “Stop Cop City,” to oppose the construction of a police training facility.
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They further noted that the allegation of child sex material was “a pretext for a fishing expedition to connect Mr. Tunick with the Defend the Atlanta Forest movement,” their attorneys argued.
While US citizens cannot be denied entry back into the country simply by refusing to surrender access codes, some immigration lawyers suggest that this could result in processing delays and confiscation of the device in question.
Here’s what we know
According to the report, Tunick’s case, filed late last year, could also have implications for the rights of tourists and American citizens at the border.
CBP claims it has broad powers to inspect people entering the country without requiring a warrant, probable cause or specific suspicion. The agency states: “All passengers are required to present their electronic devices and information on the device in a condition that allows inspection of the device and its contents.”
Courts have long recognized the Fourth Amendment’s “border search exception,” a provision of the U.S. Constitution that prohibits unreasonable searches and seizures by the government.
However, CBP says such inspections are not common. According to the agency, less than 0.1 percent of international passengers arriving at a U.S. port were searched for electronic devices during fiscal year 2025.
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Legal challenges brought by the Electronic Frontier Foundation and the American Civil Liberties Union (ACLU) have shed light on the government’s approach to inspections of electronic devices. Under current policy, authorities classify searches into two categories: “basic” searches, which involve manual inspection of devices and can be conducted without a warrant or suspicion, and “advanced” searches, where officers use external devices and must have reasonable suspicion of illegal activity.
Here’s what you can do if you’re traveling to the US:
- If you are traveling with your personal cell phone, make sure you log out of your email, social media accounts, and cloud storage before arriving at the US border.
2. Disable your biometric identification, including facial recognition or thumbprint access, because it’s easier for CBP officers to request and use.
3. Make sure you have already completed the data backup and wiped the data from the phone.
4. Travel with a secondary phone if possible.
5. Also consider deleting certain apps, such as those that allow encrypted communication or social media.
However, it remains to be seen whether the Georgia court will rule in Tunick’s favor, or whether Americans will have to compromise some of their constitutional rights when they return home.
