US customs agents can confiscate and search travelers' phones at airports with minimal legal restrictions, even for citizens returning home. A Minnesota labor organizer's recent detention highlights the practice.
When Minnesota labor organizer Janette Zahia Corcelius returned from a three-week European trip in late April, customs agents at Minneapolis-St. Paul International Airport detained and questioned her. The agents conducted two luggage searches, confiscated political literature, and accessed her phone.
Travelers—including US citizens—often cannot refuse these searches. Customs officers operate under broad authority at borders, allowing them to examine electronic devices without warrants or probable cause.
The practice raises concerns about privacy and targeted searches of political activists and journalists. Digital rights advocates warn that confiscated phones provide government access to contacts, messages, photos, and sensitive data.
While travelers can ask for a lawyer, compliance typically determines whether detention extends. Legal experts recommend backing up phone data before international travel and consider using privacy tools, though refusing searches may result in device seizure or entry denial.
The distinction between routine screening and targeted confiscation remains legally unclear, leaving travelers with limited recourse.
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