Canadians caught in crossfire as U.S. customs searches of electronic devices rise at borders


US Customs and Border Protection (CBP) has published new data that shows a strong increase in electronic devices searches at border crossings.

From July to August Solo, CBP made 14,899 electronic devices, more than 21 percent from the previous quarter. CBP also reported an increase of 36 percent compared to the entire third quarter of last year. Most of them were basic searches, but 1,075 were “advanced”, which allowed officers to copy and analyze the content of the device.

While electronic devices searches increased by 12.6 percent over the past year, the total number of travelers who entered the United States increased 6.6 percent. Among the most notable incursions are searches for devices from US citizens, which increased almost 22 percent.

Some immigration lawyers and travelers say that these figures reflect high scrutiny under the second Trump administration.

The immigration lawyer with headquarters in Toronto, Heather Segal, who has worked in cases of cross -border immigration for three decades, said that her office has seen a growing number of complaints from Canadian travelers.

“Not many of the rules have changed in terms of entering the United States,” he said. “However, discretion has always been there. And what we are seeing is an exercise of discretion that is much more strict than ever.”

An officer of Customs and Border Protection of the United States Signals for vehicles at the Pace Bridge entrance port in Buffalo, NY, on May 23, 2023. (Cole Burston/The Canadian Press)

Segal said customers have told him that he was asked about his political views, including his opinion about US President Donald Trump.

“We are not following the Constitution … There is much fear of the United States. There is a feeling that everyone feels that they have done something wrong, but they don’t know exactly what it is.”

Arrested, handcuffed and left without answers

For Angela Daigle by New Brunswick, a recent attempt to visit her fiance in Maine became traumatic.

“I had stopped handcuffed, they made me handcuff to a bank, and I was really trying to ask them what was happening, and nobody was really communicating with me,” he said, remembering an experience at the crossroads of the Haulton border on Monday.

His fiance, David Slagger, a member of the Haulton Band of Indians Maliseet and Woodstock First Nation, said he believes he was indicated by carrying what the officers considered “too much clothes” for a short visit.

Slagger said he has also been mistreated at the border.

On one occasion, he said, a CBP officer put a hand in his service weapon and wielded a cane after questioning the use of an indigenous status card issued by Slagger.

He said they also confiscated a wood drum that he used for Powwows, his medicine and his phone.

“Caste for fear,” he said. “And I said: ‘Look, don’t try to intimidate me. I know the law. I know my rights.'”

Since then, the couple has decided to leave the United States and establish themselves permanently on New Brunswick.

Experts warn about privacy implications

Heather Segal
Heather Segal, founding partner of Segal’s immigration law, says that his office has seen a growing number of complaints from Canadian travelers. (Lorenda Reddekopp/CBC)

Cybersecurity expert Ritesh Kotak said that he is often asked how travelers can protect their border data.

“You could use a burner phone,” he said. “But at the end of the day, the lack of information about the device itself would be a red flag.”

The sociologist Nathan Kalman-Lamb, based in Fredericton, said he had to give his phone during a recent trip to a conference in South Carolina.

“He said it was going to be a very superficial search,” said Kalman-Lamb, explaining that the officer’s actions are legal.

“But the document that gave me said they reserve the right to copy the entire content of their phone and distribute them to each military agency e of American intelligence.”

Cybersecurity analyst Ritesh Kotak in his office at Toronto's house.
Cybersecurity analyst Ritesh Kotak, which is shown in his office at Toronto’s house, says that he is often asked how travelers can protect their data on the border. (Dianne Buckner/CBC)

Device searches are legal and limited, says CBP

In a statement, CBP said that electronic device searches remain a legal and essential tool to identify threats, combat smuggling and enforce immigration laws.

The agency argues that only a small percentage of travelers is subject to such searches and officers operate under strict guidelines.

The reasons for secondary inspection may include incomplete documentation, suspicion of immigration violations or random selection.

Officers also have broad discretion to refer individuals for greater detection.

Tips for travelers

Segal encourages Canadians to plan and know their rights, particularly those of communities that may face additional scrutiny.

“If you are a nervous person, travel by air,” he said. “If you go by inspection prior to the flight in Montreal, you are judged before going to the United States. The worst possible scenario is that they say: ‘No, you are going home, you sleep in your bed'”.

A man with Parduzco and beard hair and a green square shirt rest on his desktop with a book box on the right and a window behind him.
Nathan Kalman-Lamb is avoiding traveling to the United States after altercations at the airport this winter, when he was denied and then detained. (Allyson McCormack/CBC)

He also advises to bring evidence of ties with Canada, as a letter from an employer or property proof.

“I often advise people, this is not a confession. They want specific information, give it to them and move on.”

As cross -border trips continue to decrease, some Canadians say that the experience of entering the United States no longer feels routine.

“We are in a new normality,” Segal said. “I think that realistic expectations of longer waiting, potentially more long questioning, perhaps entering more high school, should only be assumed.”



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