Border Agents Can Search Your Phone Without Cause Within 100 Miles of U.S. Borders

Border agents now have the authority to search electronic devices such as phones and laptops without any suspicion or warrant if travelers are within 100 miles of a U.S. border, according to recent policy directives from Customs and Border Protection (CBP). This expansive power extends to various types of digital equipment including tablets, GPS systems, smartwatches, and even vehicle infotainment systems.

The CBP's January 2026 directive outlines that agents can inspect these devices at the physical border, functional equivalents like airports, or within a 100-mile radius of any U.S. border zone. This policy applies to both entry and exit scenarios, impacting millions of Americans who frequently travel near coastal areas or international borders.

Wilmer Chavarria, a Vermont school superintendent, is challenging this practice through legal action against the Department of Homeland Security (DHS). His lawsuit stems from an incident where CBP agents searched his personal and work devices upon returning to the U.S. after visiting Nicaragua. Chavarria claims that such searches violate his Fourth Amendment rights, which protect individuals from unreasonable search and seizure.

CBP's rationale for these searches is rooted in national security concerns, particularly post-9/11 policies aimed at preventing illegal activities like smuggling or terrorism. However, critics argue that the policy infringes on privacy rights by allowing warrantless access to personal data without probable cause.

Statistics from CBP reveal a significant increase in electronic device searches over recent years. In fiscal year 2025 alone, there were 55,318 such searches, with 13,590 involving U.S. citizens—up from just 8,657 citizen-related searches in 2023 and around 8,500 total searches in 2015.

The expansion of border search policies reflects a broader trend towards enhanced surveillance measures at the national borders. Critics contend that such practices may disproportionately affect communities near border regions, potentially leading to increased privacy concerns among frequent travelers or those living within the 100-mile buffer zone.

As debates over digital privacy and national security continue, Chavarria's lawsuit highlights the tension between protecting individual rights and safeguarding national interests at the borders. The outcome of this legal challenge could have far-reaching implications for how CBP conducts electronic device searches in future operations.

The case underscores the need for a balanced approach that respects constitutional protections while addressing legitimate security concerns. As the issue gains attention, it may prompt further legislative or judicial scrutiny to clarify the extent of border agents' authority over digital devices and personal data.