Can CBP search your phone at the border? Learn how electronic device inspections, data deletion, and secondary inspection may affect visa holders and Green Card holders.
Brad Bernstein’s video highlights an important warning for anyone entering the United States with a phone, tablet, laptop, or another electronic device.
United States Customs and Border Protection maintains broad inspection authority at airports and other ports of entry. According to the agency’s official guidance on CBP border searches of electronic devices, that authority may include the inspection of phones, computers, cameras, storage drives, and other digital devices.
For immigrants, these inspections can involve more than digital privacy. Messages, photographs, employment records, travel information, social media activity, and immigration documents may raise questions about admissibility, visa compliance, permanent residence, or the traveler’s stated purpose for entering the country.
Watch Brad Bernstein’s TikTok video about the CBP phone search case.
Travelers who are concerned about a possible inspection should also review Spar and Bernstein’s guide to CBP border searches of electronic devices before traveling.
Samuel Tunick, a United States citizen from Atlanta, is facing a federal charge after prosecutors alleged that he used a duress password to erase the contents of his phone during a Customs and Border Protection inspection.
The encounter reportedly occurred at Hartsfield Jackson Atlanta International Airport on January 24, 2025. Tunick’s attorneys dispute the legality of his detention and the attempted search. They argue that the inspection was used as a pretext to investigate his alleged connections to the Stop Cop City movement.
Federal prosecutors contend that Tunick intentionally deleted the contents of the device to interfere with the government’s attempt to secure or inspect it.
Tunick has been charged, but he has not been convicted. His attorneys are challenging the government’s conduct, and the legal issues remain before the federal court.
The case is important because it illustrates how a disagreement over a phone search can develop into a separate criminal investigation.
The practical lesson is that every electronic device search is automatically lawful. Courts have not applied one uniform standard to every type of border device inspection.
The immediate warning is that travelers should not attempt to resolve a dispute with CBP by deleting, damaging, concealing, or remotely wiping information after an inspection has begun.
Once officers request or take control of a device, an intentional deletion may be treated as an attempt to interfere with government authority. Even when the traveler believes the original search is unlawful, the act of destroying information may create an additional legal issue.
Travelers should remain calm, avoid physical resistance, communicate truthfully, and preserve any legal objections for review by an attorney or a court.
For additional preparation, read Brad Bernstein’s explanation of what to do when detained or questioned at United States Customs.
The federal charge involves Title 18 Section 2232 of the United States Code.
The statute addresses the destruction or removal of property to prevent a government seizure. It may apply when a person knowingly destroys, damages, removes, or otherwise acts concerning property for the purpose of preventing an authorized government official from securing it.
A conviction under the relevant provision may result in a fine, imprisonment for as long as five years, or both.
A central legal question may be whether officers possessed lawful authority to search or secure the device. The government must establish the required elements of the charge, while the defense may challenge the detention, the search, the seizure, and the circumstances surrounding the alleged deletion.
Because the case remains pending, travelers should not assume that the existence of a constitutional dispute gives them permission to erase information during an active inspection.
CBP generally distinguishes between basic and advanced device searches.
A basic search may involve an officer manually reviewing information available through the device.
An advanced search may involve connecting the device to external equipment to review, copy, or analyze its contents.
The agency’s current electronic device search directive provides procedures for searching, reviewing, retaining, and sharing information stored on digital devices.
Travelers should understand that the legal requirements for an inspection may depend on the nature of the search, the location, the traveler’s circumstances, and the law governing the federal jurisdiction involved.
Spar and Bernstein provide additional guidance for noncitizens who are concerned about privacy when entering the United States on a visa.
For a visa holder, the information stored on a device may affect whether CBP believes the traveler qualifies for admission.
A message about employment could raise concerns about unauthorized work. A conversation about moving permanently could lead an officer to question whether a temporary visitor genuinely intends to leave the United States.
Information involving a school, employer, relationship, prior arrest, previous overstay, pending petition, or planned business activity may also result in additional questioning.
Digital conversations are often informal and may lack context. A joke, an old document, a message sent by another person, or an outdated plan may appear inconsistent with the traveler’s statements during inspection.
Anyone with a previous visa violation or period of unlawful presence should review the possible consequences of a visa overstay before traveling.
Lawful permanent residents generally have greater protections than temporary visa holders, but international travel may still lead to questions about residence, criminal history, extended absences, or abandonment of permanent resident status.
Green Card holders planning an extended trip should understand the current rules for international travel as a permanent resident.
They should also review Spar and Bernstein’s guidance on Green Card travel and extended stays outside the United States.
A lawful permanent resident who expects to remain abroad for a significant period may need to consider a reentry permit. USCIS provides official information about travel documents and reentry permits, while Spar and Bernstein explain how Form I 131 may be used to request qualifying travel documentation.
A Green Card holder who is pressured to surrender permanent resident status should not sign a document without understanding its consequences. Read more about Form I 407 and Green Card abandonment.
Travelers should remain calm and should never physically interfere with an officer.
They should not make false statements, provide fabricated explanations, or submit false documents.
A traveler may respectfully ask whether the device is being searched, detained, or seized. The traveler may also request written documentation if the government keeps the device.
A traveler may ask to contact an attorney. However, access to counsel during the inspection process may be limited, and asking an attorney may not prevent officers from continuing the inspection.
Most importantly, travelers should not activate a remote wipe, use a password intended to destroy information, delete files during questioning, or instruct another person to alter the device after officers have requested access.
Legal objections can be reviewed after the encounter. Deleting information during the inspection may create a separate allegation that is more serious than the original dispute.
Travel preparation should begin before the traveler reaches the airport.
Travelers should understand their immigration history, the purpose of their trip, the documents they are carrying, and the information available on their electronic devices.
Important personal information should be backed up securely. Travelers should understand which information is stored directly on the device, and which information may be accessible through online accounts.
Preparation does not mean concealing evidence or misleading federal officers. It means reviewing potential immigration concerns, correcting errors through lawful procedures, organizing supporting documents, and preparing truthful explanations.
A person with an arrest, prior immigration violation, pending application, extended absence, employment issue, or previous border problem should consult an experienced United States immigration lawyer before leaving the country.
An electronic device inspection may lead to prolonged questioning, device detention, visa cancellation, deferred inspection, an admissibility dispute, or removal of proceedings.
The immigration attorneys at Spar and Bernstein can review a traveler’s immigration history, identify possible risks, prepare the traveler for questions at a port of entry, and respond when information discovered during an inspection creates an immigration problem.
The firm assists clients with matters involving visa compliance, alleged misrepresentation, unauthorized employment, criminal history, Green Card abandonment, inadmissibility, and deportation or removal defense.
The Samuel Tunick case demonstrates why travelers should prepare before an inspection begins. Privacy concerns may be legitimate, but an impulsive attempt to destroy information during questioning can create additional legal consequences.
Early guidance from an experienced immigration attorney can help travelers understand their rights, avoid preventable mistakes, and protect their ability to enter or return to the United States.
International travel may create unexpected complications for visa holders, Green Card holders, international students, foreign workers, and people with pending immigration cases.
Schedule a consultation with Spar and Bernstein before traveling or immediately after a difficult border inspection. An experienced immigration attorney can review what happened, explain the available options, and develop a strategy to protect your immigration future.
