In 2025, flying home to the United States doesn’t guarantee a smooth re-entry—even if you’re a U.S. citizen. Amid an uptick in digital device searches at border checkpoints, travelers are reporting invasive treatment, prolonged detentions, and privacy violations. What was once a rare occurrence is quickly becoming a broader concern—particularly for professionals, activists, and individuals with politically sensitive affiliations.
When the Border Becomes a Backdoor for Surveillance
U.S. Customs and Border Protection (CBP) has long held the authority to search physical belongings at the border without a warrant. In recent years, this power has expanded to digital content—including the full contents of phones, laptops, and tablets. CBP agents can review photos, emails, contacts, private notes, social media, and even cloud-connected files.
While full-device searches remain relatively rare (affecting fewer than 0.01% of international arrivals in fiscal year 2024), anecdotal evidence and civil liberties complaints suggest increasing scrutiny of travelers based on profession, nationality, and political activity. U.S. citizens, once thought immune, are now being subjected to the same digital intrusions as foreign nationals.
Civil rights groups warn that Americans should not assume their status protects them. “There’s a false sense of security that American citizens have that they are not at risk,” said Tahirah Amatul-Wadud of CAIR-Massachusetts, “and that’s just not true.”
Case in Point: A Michigan Attorney Detained for Protecting Client Confidentiality
A high-profile incident at Detroit Metropolitan Airport highlights the implications. On April 6 or 7, 2025, attorney Amir Makled—returning from a family vacation in the Dominican Republic—was detained by CBP agents after refusing to surrender full access to his phone. Makled, who represents a University of Michigan student involved in pro-Palestinian activism, cited attorney-client privilege and insisted on protecting sensitive legal communications.
CBP held Makled for approximately 90 minutes, during which he says agents attempted to intimidate him into unlocking the device. “I’m not going to compromise my professional integrity,” Makled told The Detroit Free Press. Agents reportedly reviewed his contact list but were denied full entry into his phone. CBP later claimed the stop was routine and lawful, but Makled and civil liberties advocates see a pattern.
It wasn’t his first encounter either. Makled was held for four hours in 2021 under similar circumstances. The repetition and nature of the questioning suggest that he may be subject to profiling based on his background and legal representation.
Legal Gray Zones and Conflicting Court Rulings
Confusion over travelers’ rights stems from inconsistent legal standards. In United States v. Arnold (2008), the Ninth Circuit ruled that CBP could search laptops without suspicion. But in United States v. Cotterman (2013), the same court held that forensic device searches—those that involve deep data extraction—require “reasonable suspicion.”
The ambiguity creates a legal gray zone. In some jurisdictions, CBP agents act as though they have near-total discretion, while others require stronger justification for deeper searches. This inconsistency leaves travelers in a vulnerable position and raises constitutional concerns about the First and Fourth Amendments.
Who’s Being Targeted?
Reports and lawsuits indicate the pattern of digital searches is not random. Journalists, lawyers, activists, and especially Arab and Muslim Americans report being disproportionately targeted. Organizations such as the ACLU and CAIR have documented dozens of cases where travelers were asked about religious beliefs, political opinions, and social media activity.
It’s no longer just about what’s in your luggage—it’s about what’s on your phone, and what’s in your mind.
What Can You Do?
Privacy advocates and attorneys recommend the following strategies to reduce exposure:
• Use clean travel devices. Bring a temporary phone or laptop with minimal apps and data.
• Log out of all accounts. Sign out of email, messaging, and social media before travel.
• Encrypt your devices. Enable full-disk encryption and use strong passwords.
• Don’t lie. If you refuse to unlock your device, calmly explain your reasoning and assert your rights.
• Know your rights. U.S. citizens cannot be denied re-entry for refusing to unlock a device, but CBP may still detain you or seize the device.
The Bigger Picture
This wave of intensified border searches reflects a broader climate of suspicion. In 2025, even valid U.S. passports and clean criminal records do not guarantee hassle-free entry. Federal officials, including Secretary of State Marco Rubio and Homeland Security Secretary Kristi Noem, have publicly endorsed discretionary denials of entry. “If we believe you pose a threat,” Rubio recently stated, “you won’t get in.”
With vague legal standards, aggressive enforcement, and increasing reports of politically motivated targeting, U.S. borders are becoming flashpoints for civil liberties. At the edge of the nation, the constitutional protections that define American life are being tested—if not outright ignored.
Bottom Line: Your Phone Is a Window Into Your Life—And It’s Open at the Border
Whether you’re a tourist, an attorney, or a returning citizen, the reality is clear: your phone, laptop, and digital life are fair game. Even a principled refusal to cooperate can land you in an interrogation room.
Digital privacy is no longer the concern of hackers and whistleblowers. It’s a fundamental issue for anyone crossing a U.S. border.
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