Protecting Data at the Border Act

This bill protects the data on your phone, laptop, and online accounts when you enter or leave the United States. For U.S. persons, border officers generally need a warrant from a judge to look through digital files. They cannot force you to give a password, and they can’t deny or delay your entry or exit just because you refuse—except for a brief wait, up to 4 hours, to see if you choose to consent. If officers have strong reason to think your device holds evidence of a serious felony, they may take the device; a warrant is still required to search its contents .

In rare emergencies—like immediate danger to life, major national security threats, or organized crime—or to provide urgent fire, medical, or public safety help that’s unrelated to a crime, a designated officer may look without a warrant. They must then ask a judge for approval within 7 days; if a judge says no, any copies must be destroyed, the information can’t be shared, and you must be told . Agencies also may not keep copies after lawful access unless the data is evidence of a crime, and if your data was taken the wrong way, it cannot be used in court or immigration cases . Officers must keep records of each access, and the Department of Homeland Security must publish a yearly public report with totals. Officers may still check the outside of a device for weapons or contraband, and this bill does not change other national security surveillance laws .

• Who is affected: U.S. persons at U.S. borders (and places treated as the border) when entering or leaving the country .
• What changes: A warrant is needed to search device data; no forced passwords; only a short wait (up to 4 hours) if you decline; written notice and written consent are required for any voluntary access or sharing of passwords .
• Device seizure: Officers may take a device only when they have strong reason to think it holds evidence of a serious felony (this does not by itself allow a search of its data).
• If rules are broken: Copies must be destroyed, information can’t be shared, and it can’t be used in court or immigration cases .
• Transparency: Detailed recordkeeping and an annual public report by DHS on these activities .