What changed
On January 1, 2026, CBP Directive No. 3340-049B took effect. It replaces Directive 3340-049A from January 4, 2018, and it is U.S. Customs and Border Protection's written policy for searching the information on phones, tablets, laptops and other electronic devices when a person enters or leaves the United States. It applies at airports, land crossings and seaports, on the way in and on the way out.
The directive describes two kinds of searches. In a “basic search,” an officer looks through what is on the device by hand. The directive says an officer may do this “with or without suspicion.” In an “advanced search,” an officer connects equipment to the device to copy or analyze its contents. That kind of search is allowed only when there is “reasonable suspicion” of a violation of a law CBP enforces, or a national security concern, and it requires approval from a supervisor at the Grade 14 level or higher. Using a tool only to get past a passcode, translate text or charge the device does not turn a basic search into an advanced one.
CBP also publishes how often this happens. In fiscal year 2025, CBP processed 419,157,270 travelers at ports of entry and searched the electronic devices of 55,318 of them: 50,922 basic searches and 4,396 advanced searches. CBP's own page, updated August 4, 2026, puts that at less than 0.01 percent of arriving international travelers. Of the 55,318 searches, 41,728 involved non-U.S. citizens and 13,590 involved U.S. citizens.
Who this is about
CBP's page says the search authority applies to all persons “regardless of citizenship,” arriving in or departing from the United States. Every traveler is expected to present their devices “in a condition that allows for the examination of the device and its contents.” If a device is locked and cannot be inspected, the page says it may be detained and the traveler may wait longer while CBP tries to access it. The directive says a detention should ordinarily not go beyond five calendar days, and that the traveler receives a written custody receipt, Form 6051D, when a device is kept.
The page draws a line by status. A traveler being admitted as a U.S. citizen “will not be denied entry into the United States based on CBP's inability to complete an inspection of their device,” although the device itself may still be detained. For foreign nationals applying for admission, the page says CBP “may consider” a refusal to present the device when it decides admissibility, and adds that “CBP's ability to inspect an electronic device alone does not determine admissibility.” The page does not address lawful permanent residents as a separate group, and it does not describe any outcome for any specific person.
The directive also says what a search does not reach. Officers look only at information that is on the device itself and “may not intentionally use the device to access information that is solely stored remotely”; before a search, the device is put in airplane mode or otherwise taken offline. A passcode given to an officer is recorded only temporarily and deleted when no longer needed. Before the search begins, the traveler is to be told the purpose of the search and how to raise a concern, usually through a printed tear sheet. After a search, CBP keeps no copy of the information beyond 21 calendar days unless it finds probable cause or the information relates to immigration, customs or other enforcement matters.
What it does not mean
- It does not mean most travelers' phones are searched. In fiscal year 2025, 55,318 devices were searched out of more than 419 million travelers.
- It does not mean a basic search is a copy of your phone. Copying or analyzing a device with equipment is an advanced search, which needs reasonable suspicion or a national security concern and a senior supervisor's approval.
- It does not describe your rights in an encounter away from the border. The directive covers searches by CBP at the border and its equivalent. It states that CBP “may not rely on search incident to arrest as a legal authority to search an arrestee's electronic device,” and that ICE's Homeland Security Investigations follows its own policy. What applies at a check-in, a traffic stop or a home is not in this document.
- It does not create anything a person can claim. Section 8.1 says the directive “does not create or confer any rights, privileges, or benefits on any person or party.” It is an internal policy statement, and it does not say what will happen in any particular case.
What to do with this
If you travel, or plan to, and you have a pending case or a question about your own status, the person to ask about your situation is a licensed immigration attorney or a DOJ-accredited representative at a recognized nonprofit. The organizations below are a place to start. For the process itself, CBP's own tear sheet says a traveler whose device is detained receives a written custody receipt with a point of contact, and that inquiries about a border screening go through the DHS Traveler Redress Inquiry Program (www.dhs.gov/trip) or the CBP Information Center.
Advocasí is not a law firm. We explain what a policy says and help people prepare their own paperwork once a qualified advisor has told them which path applies.