Can border control use Face ID to unlock my phone?
Kathleen Wong- U.S. Customs and Border Protection can legally search travelers' electronic devices at ports of entry.
- Border agents can compel travelers to unlock phones using biometrics like Face ID without their consent.
- U.S. citizens cannot be denied entry for refusing to provide a password, but their device may be seized.
- Noncitizens may be denied entry if they refuse to unlock their devices for inspection.
Face ID makes it easy to unlock your phone, including for U.S. Customs and Border Protection agents when you're entering the country.
CBP has long had the authority to search the contents of electronic devices to verify someone's identity or assess whether they're a risk to national security.
Travelers' rights against warrantless searches are weakened within 100 miles of any port of entry, so any person is subject to being questioned and their electronic devices – including phones, tablets and laptops – searched by border agents regardless of immigration status.
Travelers can still take steps to better protect their digital privacy at borders, including turning off biometrics to unlock their phones. Here's what to know.
Do I have to give my password to border agents?
Technically, no, but what happens next depends on your immigration status.
U.S. citizens and lawful permanent residents cannot be denied entry into the country if they refuse to hand over or unlock their devices with their passwords, according to the American Civil Liberties Union's Know Your Rights: U.S. Airports and Ports of Entry. But CBP might seize your phone and even keep it for weeks or months. (In this case, make sure you write down the name and badge number of the officer and ask for a receipt.)
Noncitizen visa holders and tourists, however, might be denied entry if they don't give their passwords.
If you decide to unlock your phone with your password, enter it yourself instead of giving it to the agent. "They still might demand that you share it, but it’s a precaution worth trying to take," according to the ACLU website.
Can CBP use biometrics to unlock my phone?
Technically, yes, since biometrics are less secure. "Agents can hold your phone up to your face to unlock it without your consent," according to the ACLU's website.
However, doing this is legally murky. Though the Electronic Frontier Foundation (EFF) believes Face ID or fingerprints to lock devices should be protected under the Fifth Amendment, which protects against self-incrimination, some courts have ruled otherwise. There have also been instances when law enforcement has forced people's fingers onto their phones to unlock them.
The main takeaway is that biometrics are not as protected as a long password or encryption, so they're not the best idea if you're crossing borders.
How to turn biometrics off on your phone
On an Android:
- Go to Settings
- Navigate to the Security or Privacy sections, depending on the manufacturer
- Look for the biometric authentication and toggle off
On an iPhone:
- Go to Settings
- Search for Face ID & Passcode or Touch ID & Passcode
- Toggle off the iPhone Unlock to disable the function. This will set your phone so it needs the passcode to unlock.