TORONTO — The Canadian government has warned would-be travellers they may face more scrutiny at the United States border — including the search of electronic devices.
Though immigration lawyers say there's no change in the law for Canadians travelling to the U.S., existing rules may be applied more strictly, as indicated by the updated advisory Global Affairs Canada issued Friday.
That advisory warns that Canadians denied entry to the U.S. may face detention while they wait to be deported.
Here's some of what you need to know about crossing the border into the U.S.
CAN U.S. BORDER AGENTS REALLY SEARCH MY PHONE?
They can.
"Non-citizens have few rights under law at the border, and even fewer rights in practice," Audrey Macklin, a law professor at the University of Toronto, said in an email. "One is nowhere more powerless than at a border."
If someone attempting to cross the border refuses to hand over or unlock their phone, the best case scenario is that they'll be turned away, she said. They might also face a five-year ban on entry.
Macklin said a worst-case scenario could be that a person is arrested and detained.
"Is this lawful? No," Macklin wrote. "But the rule of law is weak in the United States right now, and there seems little reason to doubt that border officials can get away with flouting the law, leaving little recourse for non-citizens — including Canadians."
Tensions with the United States have risen since President Donald Trump was sworn in for a second term in January, with Trump repeatedly joking about annexing Canada and Prime Minister Mark Carney saying the two nations' close friendship is now over.
At the same time, Trump has tightened immigration enforcement, and lawyers say Canadians will no longer get the lax treatment many once enjoyed.
WHAT MIGHT BORDER SECURITY BE LOOKING FOR?
Ravi Jain, an immigration lawyer practising in Toronto, said border agents might search someone's phone to see if they've worked without a permit in the past, or whether they've said anything about intending to stay in the U.S. beyond the time frame legally allowed for Canadians.
But there's also fear among some people that officers might look for evidence of disdain for U.S. President Donald Trump or his policies.
Jain said that fear is grounded in some reality, citing reports that a French scientist was denied entry to the United States last month over what France's research minister said were personal opinions he expressed about Trump's policies.
Jain said he didn't know exactly what the researcher said about the U.S. president, but the incident is concerning.
"They could look at that language and say, 'We don't think we want to let you in.' Whereas in the past, that might have just been looked at as someone's political free speech."
WHAT CAN YOU DO TO PROTECT YOURSELF?
Lawyers always advise patience and good manners when crossing the border, and that remains true, said Benjamin Green.
The lawyer at Green and Spiegel said he's not advising his clients take any special precautions right now, other than a bit of extra patience.
Border agents may ask more questions than they have in the past, he said, but he believes it's still unlikely that they would search someone's phone.
"I think there's a bit of hyperbole going on at this point," he said.
A border agent likely wouldn't take your phone right away, Green said, noting it's during a secondary inspection — when the initial border guard refers someone for another, more intense round of questioning — that it might happen.
But still, Jain acknowledged it's a risk — and one that particularly applies to Canadians who were born in predominantly Muslim countries that face even more scrutiny from the United States.
Jain said he recommends his clients who feel nervous about the possibility of being pulled aside for extra questioning upload their data to the cloud, and wipe it from their phone, just to be on the safe side.
Another option would be to use a burner phone, such as an older phone that has been wiped of all data, instead of their primary cellphone when travelling.
"There are people who are Canadian citizens who've come from all over. And in some cases, the very reason they've come here is because they or their parents were looking to escape a regime," he said.
"And they are looking for the freedoms and the feeling of belonging that comes from being Canadian. So for many of them, it's quite surprising and upsetting that they have to even think about this."
He's also recommending his clients go to pre-flight inspection, which is U.S. immigration inspection that happens at the Canadian airport.
"That's just safer because they can't really detain you there. They can detain you briefly, but they can't detain you for a long period of time."
This report by The Canadian Press was first published April 7, 2025.
Nicole Thompson, The Canadian Press
