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Can US Border Officials (e.g. Customs Officials at JFK Airport) legally require a non US citizen (whether a tourist, visa, or green card holder) for his or her passwords (phone, laptop, facebook, email, etc...)? Don't they need a warrant for that? Do different states have different rules?

Marsellus Wallace
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  • Also related: https://travel.stackexchange.com/questions/22380/what-should-i-do-to-protect-data-when-going-across-the-us-border-with-a-computer/22399#22399 – JonathanReez Feb 27 '17 at 01:05
  • Also related: https://travel.stackexchange.com/questions/60363/what-exactly-can-us-immigration-search-or-ask-me-to-do-to-enter-the-us – JonathanReez Feb 27 '17 at 01:05
  • No officer needs a warrant to ask for anything. The fourth amendment governs what they can require, but nothing stops them from requesting consent. – phoog Feb 27 '17 at 01:10
  • @phoog updated question with better terminology. Can they 'require'/'force' people to provide passwords or access to devices or accounts? – Marsellus Wallace Feb 27 '17 at 01:19
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    @pnuts I would rather stand up for my rights (if only I knew them). Plus, I would also prefer not to give away my company data (for no reasons) and keep my job... – Marsellus Wallace Feb 27 '17 at 04:44
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    Well, it won't be (legally) different by state. The border is a federal function. – Azor Ahai -him- Feb 27 '17 at 06:45
  • @Gevorg Learn this, once and for all: except for permanent residents, foreigners have no rights whatsoever at the border (although visa holders can appeal an entry refusal to an immigration judge). Although it is "optional" to provide the CBP with your social media info, the slightest provocation (i.e. attempt to "stand up for your rights") can lead to you being sent back and possibly even blacklisted. – Crazydre Feb 27 '17 at 19:59

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