Privacy Lawyer Warns of Risks in Traveling to US

"Foreign nationals visiting the United States, and even returning U.S. citizens and other legal residents (with valid visas), face increasing digital privacy risks and potential entry challenges when arriving at U.S. ports of entry," he said. "Legal, cybersecurity, and civil liberties experts are raising significant concerns about the extent of Customs and Border Protection (CBP)’s authority and the growing subjective nature and unpredictability of certain border enforcement actions."

In the blog, Francisco said there have been more denials of entry and detentions since President Donald Trump's second administration began, with an expanded search of digital devices, which U.S. citizens and green card holders are not immune to. Because of this, he recommended that travelers minimize data by scrubbing their devices and social media before coming to the U.S., as well as encrypting devices. Using strong authentication and disabling biometrics are also good ideas, Francisco said, as is using sensitive apps to isolate confidential data.

"Non-citizens must weigh the risk of denial of entry against maintaining digital privacy," he said. "For many, compliance may be the only option for admittance." The blog also said that alerting counsel for your business and even your country's embassy or consulate closest to where you are landing in the U.S. can be helpful, as they can lobby on your behalf if you are detained.

"Given the rapidly evolving enforcement environment, businesses, legal residents, and international travelers should reassess their border-crossing practices and digital security protocols," Francisco said. "Until clearer legal protections are established, prudence and preparation are essential to safeguard personal privacy and ensure lawful entry into the United States."