Border agents must get warrants to search your phone
H.R. 2604 — Protecting Data at the Border Act · Filed by Ted Lieu (D-CA) · 4 cosponsors · Introduced Apr 2, 2025 · Referred to committee
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What it does
This bill restricts U.S. border agents from searching the digital contents of travelers' phones, computers, and online accounts without a warrant based on probable cause—a protection the Supreme Court recognized in Riley v. California. It allows emergency exceptions for imminent danger or national security threats, requires written consent for voluntary searches, and mandates annual public reporting on how often agents access digital data at the border, broken down by citizenship, country of origin, and perceived race/ethnicity.
Why we flagged it
The bill's core mechanism is a Fourth Amendment safeguard—requiring warrants for digital searches at the border and excluding unlawfully obtained evidence. It is a civil-liberties measure, not a regulatory or appropriations instrument.
What the text implies
- The bill's savings clause preserves FISA authority, meaning foreign intelligence surveillance at the border may proceed without the warrant requirement—creating a potential gap if agents classify a search as FISA-related rather than criminal.
- Recordkeeping requirements include perceived race/ethnicity data, which may expose disparate-impact patterns in border searches but could also create privacy risks if the data is misused or breached.
The full analysis lists 4 implications of this text.
Who it affects
The bill strengthens Fourth Amendment protections for U.S. citizens at the border by requiring warrants for digital searches, eliminating the current "border exception" that permits warrantless device searches.