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Canadians could face more phone searches at the U.S. border after court ruling
A U.S. appeals court said border officials need no suspicion to search travellers’ property, while Canadian officials warn that refusing a device search can lead to seizure or denied entry.
Canadians travelling to the United States could face more cellphone searches at the border after a Sept. 17 ruling by the U.S. Court of Appeals for the Second Circuit. The court affirmed that border officers may search travellers’ cellphones without a warrant, probable cause or reasonable suspicion.
The case arose from the search of Chinwendu Alisigwe’s phone at JFK Airport in New York. Alisigwe is a permanent U.S. resident. The ruling said that, under the court’s precedents, the government needs no suspicion before searching a traveller’s property at the border.
Under previous U.S. Customs and Border Protection policy, officers needed reasonable suspicion of a law violation or national-security concern to conduct an advanced search. CBP defines a basic search as an officer reviewing a device’s contents. An advanced search involves connecting external equipment to examine and potentially copy those contents.
CBP says such searches are relatively uncommon. Of 419 million international travellers who crossed the border in 2025, officers searched 55,424 devices, according to its latest figures. CBP also proposed in 2025 that Canadians and other travellers provide their social-media profiles at the border, but the proposal was never formally adopted.
The Canadian government warns that U.S. officers can search phones, computers and tablets when Canadians enter the country without providing a reason or explanation. Refusing a search can result in a device being seized or entry being denied. Immigration lawyers and security experts recommend that travellers consider using a burner phone and remove sensitive messages, apps or documents before travelling to reduce potential data exposure.
The ruling comes amid strained Canada-U.S. relations over tariffs and trade. Statistics Canada reported that return trips from the United States fell 25.4 per cent in 2025, from 39.0 million in 2024 to 29.1 million, with summer monthly trips down roughly 30 per cent year over year. Florida was particularly affected. International trips by Canadians to destinations outside the United States rose 9.2 per cent overall.