US border device searches rise 32% in 2026 fiscal year, reaching record highs

Surge in device searches at US borders

U.S. Customs and Border Protection (CBP) has increased electronic device searches at the border by 32% in the first three quarters of the 2026 fiscal year, according to data reported by Gizmodo. This period, covering October 2025 to June 2026, follows a record 55,424 searches conducted in the entire 2025 fiscal year.

Searches are classified as either basic or advanced. Basic searches, which accounted for 47,517 of the 2025 total, require travelers to provide their device passcodes without any reasonable suspicion of wrongdoing. Refusal to comply can result in the device being detained for up to five days. Advanced searches, numbering 4,564 in 2025, involve forensic tools like Cellebrite and Grayshift to unlock and extract data, justified by claims of "reasonable suspicion" of illegal activity or national security concerns.

Expanded grounds for suspicion and legal concerns

The criteria for justifying advanced searches have broadened under recent policies. A September 2025 Executive Order and National Security Presidential Memorandum-7 expanded the definition of domestic terrorism to include ideologies such as "anti-Americanism," "anti-capitalism," and "anti-Christianity," as well as views deemed hostile to "traditional American values." These changes have raised concerns about the potential for arbitrary or politically motivated searches.

The Fourth Amendment, which protects against unwarranted searches and seizures, may not apply at the border if a search is deemed legally justified. Once accessed, device data is scanned by AI and reviewed by agents to find retroactive justification for the search. Being on a government terrorist watch list is considered sufficient grounds for reasonable suspicion.

Travelers have faced legal consequences for attempting to protect their data. Samuel Tunick, an Atlanta-based activist and U.S. citizen, was indicted by a federal grand jury for using a duress PIN—a feature of GrapheneOS designed to protect sensitive data during compelled unlocking. Tunick faces up to five years in prison if convicted.

What this means

Lazyfounder analysis — our interpretation, not reported fact.

This surge in device searches reflects a broader trend of expanding government authority at the border, with significant implications for digital privacy and civil liberties. For founders, operators, and travelers—particularly those in technology, journalism, or activism—the risks of carrying sensitive data across U.S. borders are growing. The legal precedent set by cases like Tunick’s may discourage the use of privacy-protecting tools, even for legitimate purposes. Startups working in cybersecurity or encryption should note how these policies could affect user behavior and compliance strategies, especially for employees or clients traveling internationally.

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