A recent reminder to international travelers that the contents of their phone may be subject to inspection when entering the United States came from the U.S. Court of Appeals for the Seventh Circuit.
In United States v. Eta, No. 25-1891 (7th Cir. July 6, 2026), the court held that Customs and Border Protection (CBP) officers may conduct a manual search of a traveler’s cell phone at the border without a warrant or individualized suspicion under the well-established border search exception to the Fourth Amendment.
Background
Daniel Eta was under investigation for allegedly leading a transnational cyber fraud and money laundering scheme. Federal authorities stopped him on his return to the United States from Nigeria, and CBP officers manually searched three cell phones he was carrying upon arrival at Atlanta’s airport. The search uncovered evidence later used in the government’s prosecution.
Eta argued that the warrantless search violated the Fourth Amendment and sought to suppress the evidence. Both the district court and the Seventh Circuit rejected that argument.
Seventh Circuit Decision
Relying on its prior decision in United States v. Mendez, the Seventh Circuit concluded that a manual review of a traveler’s electronic device is a routine border search. Because the search occurred at the border, CBP did not need a warrant, probable cause, or even individualized suspicion, the court stated.
Why This Matters
Today, phones can contain years of emails, text messages, social media activity, photographs, travel records, and business communications. The Eta decision underscores that travelers entering the United States have reduced privacy expectations at the border, and CBP officers retain broad authority to inspect electronic devices, without a warrant and without individualized suspicion.
For visa holders, permanent residents, and foreign nationals seeking admission to the United States, information found on a device could prompt additional questioning or scrutiny regarding prior travel, employment, immigration history, or representations made in immigration filings.
With electronic devices storing more personal and professional information than ever before, this evolving area of law merits close attention from immigration attorneys and international travelers.
Jackson Lewis attorneys are available to assist in answering questions specific to your organization’s situation.