Headlines in recent weeks highlight the increased risks for travelers arriving to the United States. We have witnessed a rise in incidents of those with valid visas being detained and deported from the U.S., for what appears to be their political beliefs or activity. All travelers, especially those who are not U.S. citizens, should be aware of their rights while interacting with law enforcement and federal agents, including the TSA. Our phones are especially important when we travel, given that they hold access to personal information such as financial, medical, and social content.
We suggest the following procedures for those preparing to travel:
- Before you travel, disable Face ID. Your face is not a password! Instead, use a strong alphanumeric passcode.
- Once at the airport, government agents have the right to ensure your phone functions as a phone by turning it on. However, you have the choice to provide or withhold your password. If you do not provide the password, TSA may keep your phone for up to two weeks. If you choose to provide your password, consider the following: upload all your images to the cloud; log out of all apps so that they do not open automatically; take a screenshot of your call log and sent text messages before going through security; store sensitive information, such as privileged communications, in a folder labeled “privileged communication.”
- Most importantly, if questions go beyond the scope of normal travel inquiries, you can say, “I’ll be glad to answer your questions beyond my travel, with my attorney present.”
- Lastly, note if your phone is ever out of your sight, as that could mean government agents are running additional tests on your device—and possibly downloading data from it.
Travel smart, travel safe, and contact us if you have more specific or individual questions.
