Canadians travelling to the United States should be prepared for the possibility that border officers could search their cellphones, immigration lawyers say.
According to a report by CTV News, the issue has gained renewed attention after the US Court of Appeals for the Second Circuit ruled that reasonable suspicion is not required for a cellphone search at the border.
Toronto immigration lawyer Joel Sandaluk told CTV News that US border officers can examine electronic devices at land crossings and Canadian airports with US pre-clearance facilities.
A search could include social media accounts, emails, text messages and other information that may raise questions about a traveller’s stated reason for entering the country.
“They can look … any tiny corner of the phone they want to,” Sandaluk told the outlet.
Washington state immigration lawyer Leonard D.M. Saunders said travellers can refuse to provide their password, but that could prevent them from entering the US.
“And if you’re deemed uninspectable, you will not be allowed into the United States,” Saunders said.
He advised travellers concerned about privacy to avoid carrying devices containing sensitive information and also urged Canadians to be truthful about their travel plans and prepare for potential searches.
“Know that your device may be examined just as easily as your suitcase, and that you shouldn’t have anything in there that you’re not prepared to have an officer examine.”
