Customs and Border Patrol releases updated border search of electronic device directive

U.S. Customs and Border Protection (CBP) recently released an update to its directive regarding border searches of electronic devices, which was designed to enhance the transparency, accountability, and oversight of the searches.

The updated directive supersedes the previous directive released in August 2009. Acting Commissioner Kevin McAleenan directed the review and update of the directive.

“CBP is committed to preserving the civil rights and civil liberties of those we encounter, including the small number of travelers whose devices are searched, which is why the updated Directive includes provisions above and beyond prevailing constitutional and legal requirements,” John Wagner, the office of field operations deputy executive assistant commissioner, said. “CBP’s authority for the border search of electronic devices is and will continue to be exercised judiciously, responsibly, and consistent with the public trust.”

CBP also recently released statistics for electronic device border searches in fiscal year 2017 (FY17).

In FY17, CBP conducted 30,200 inbound and outbound border searches of electronic devices, more than 29,200 of which were outbound searches. CBP officers searched the electronic devices of approximately 0.007 percent of arriving international travelers. In FY16, CBP searched the devices of 0.005 percent of arriving international travelers.