DEVICE DETENTION AFTER A BORDER SEARCH
CBP can detain an electronic device after a border inspection even when the traveler is permitted to leave or is returned abroad. Device detention is distinct from the initial border search, and CBP documents property detention and retention in its enforcement systems.
CBP’s current electronic-device guidance states that a device can be subject to detention or other appropriate action when inspection cannot be completed or when additional examination or enforcement action is appropriate.
The traveler leaving the airport does not necessarily mean CBP must release the device at the same moment.
Temporary detention for examination should be distinguished from seizure based on suspected legal violations or other law-enforcement authority. The paperwork and later CBP action can identify which occurred.
CBP Form 6051D is titled Detention Notice and Custody Receipt for Detained Property. The form records information such as the property description, reason for detention, port information and chain of custody.
Current CBP electronic-device guidance states that after referral to secondary inspection, CBP maintains records concerning examination, detention, retention or seizure of traveler property, including electronic devices.
CBP states that information obtained during an electronic-device border search may be retained under specified law-enforcement, immigration or customs circumstances even after the physical device itself is returned.
Return of the phone does not necessarily mean every copy of qualifying information obtained during the search has been deleted.
CBP’s current published policy states that officers conducting a border device search examine information resident on the device and may not use the device to access information stored solely remotely in the cloud.
Yes. CBP policy permits detention of electronic devices in qualifying circumstances even after the traveler is no longer physically at the inspection location.
CBP has a formal Detention Notice and Custody Receipt for Detained Property, Form 6051D, for property detention procedures.
Not necessarily. CBP separately addresses retention of information obtained during qualifying border searches.
These government materials provide the principal return-transportation and CBP personal-property rules discussed on this page.
The reason for retention, paperwork and inspection record can determine the appropriate follow-up and whether the incident may affect future U.S. travel.