It used to feel like an urban legend, more fiction than fact. Sure, we all knew that if you’re crossing the border into the United States that the border agent could — theoretically — demand you hand over and unlock your phone.
But it never really happened to anyone. I’ve crossed the border dozens and dozens of times on business (not to mention hundreds for personal trips) and never had someone from U.S. Customs and Border Protection (CBP) ask me to hand over my phone or laptop.
The experience has always been rote and predictable: Shuffle through the customs line at the airport, smile politely at the agent, answer a few perfunctory questions, and soon be on your way to a conference or client meeting. Unlocking a phone or laptop? Never a part of the conversation — or maybe I just never looked suspicious enough.
But a French space scientist’s ordeal has changed that perception. As reported by Agence France-Presse (AFP), the scientist was denied entry into the United States and deported after U.S. border officials examined his devices and deemed his messages “hateful” toward President Donald Trump.
France’s Higher Education Minister, Philippe Baptiste, expressed concern, noting that these messages were merely the researcher’s opinions on U.S. policy regarding scientific funding and the treatment of scientists. The customs agents allegedly decided the content was grounds for denial of entry.
For Canadian firms sending staff across the border, the implications are unsettling. While CBP emphasizes that only a small fraction — less than 0.01 percent — of travelers have their devices searched, the French scientist’s experience suggests that this is more than a hypothetical risk. Plus, those are likely pre-Trump stats. It’s not hard to imagine, given policy changes, that the number is going to increase.
This raises a question: if a scientist with text messages critical of U.S. policy can be turned away, what’s to stop similar scrutiny of a Canadian executive’s private discussion about the country’s political climate, trade policies, or simply criticisms of the administration or praise for our own government?
CBP’s official stance is that these searches “have been used to identify and combat terrorist activity, child pornography, drug smuggling, human smuggling, bulk cash smuggling, human trafficking, export control violations, intellectual property rights violations and visa fraud.”
It also notes that border searches of electronic devices can help determine an individual’s intentions in the U.S. But a newly assertive posture under Trump’s administration appears to be extending the reach of these searches into the realm of political speech. If these same powers can be applied to travelers who voice criticism, even in private messages, it might spell headaches for Canadian companies that are sending employees south for meetings or conferences.
This shift should nudge Canadian employers toward a new preparedness. The first step is to recognize that your employees’ personal and professional communications could, in theory, be subject to scrutiny at a port of entry. This is especially relevant if someone’s texts, emails, or social media feeds reference political topics or candid opinions about the U.S. government. There’s also concerns about confidential company information.
As awkward as it sounds, companies may want to encourage staff to remove anything from their devices— messages, documents, images — that isn’t strictly necessary for their trip. While it might feel invasive to sanitize phones and laptops before crossing the border, the French scientist’s experience underscores the reality that even offhand commentary could be grounds to refuse entry.
Second, it’s wise to consult your legal counsel. If your employees’ devices hold proprietary information or any communications that could be deemed controversial, it pays to develop a protocol. Some firms issue “travel devices” with minimal data, using cloud-based systems that can be accessed after entry. Others advise employees to store sensitive information, including casual political discussions, on remote servers accessible via secure login rather than on the devices themselves. In these ways, travelers carry only what is absolutely necessary, reducing both the risk of a search and the potential fallout if one occurs.
Companies also need to educate staff on what to do if a CBP officer asks them to unlock a phone or laptop.
“If a foreign national refuses to present their electronic devices and the information resident on the device in a condition that allows for the examination of the device and its contents, CBP may consider the foreign national’s noncompliance and the inability to inspect the device when making admissibility decisions and may take appropriate law enforcement actions,” the government states on its website.
Generally, refusing could escalate a confrontation, but compliance might open a Pandora’s box of personal or corporate information. There’s no easy solution. Some travelers may decide that deleting certain messages beforehand is a prudent step; others might opt to store minimal data and hope they are never asked. Either way, clarity from the employer can help individuals make informed decisions on how to handle that awkward moment in the inspection line.
In the end, prudent preparation is the best strategy. If your employees know the risks, have protocols in place, and carry devices that contain only what’s necessary for their trip, they’ll be in a stronger position should a random search arise.
It’s a delicate balance between protecting freedom of expression and recognizing that, at least at the border, free speech might not carry the weight it once did in the United States. Until something changes, this is the new reality that Canadian business travelers must navigate.
