Have you got nudes? What tourists need to know before going on holiday to the US

Metro

a day ago

Thinking of visiting the US? You might want to delete the nudes on your camera roll before you go — that's if you don't want a border control officer looking at them, anyway.
Under Trump's recent 'enhanced vetting' executive order, travellers are being reminded that border agents can – and do – search phones and laptops.
Scrutiny is ramping up big time at the US border, with some being denied entry and even detained due to their digital content.
On Wednesday, the US president resurrected a controversial travel ban from his first term in the White House: a proclamation that bans citizens of 12 countries from entering the United States.
It's not something any of us want to think about before a holiday, but if you are stopped by a border agent, what are your rights? And do you have to hand your phone over? Metro asked the experts.
Fuel your wanderlust with our curated newsletter of travel deals, guides and inspiration. Sign up here.
Yes, and they don't need a warrant to do so.
CBP agents have the legal authority to search electronic devices at the border: that's phones, laptops and tablets.
This includes reviewing text messages, social media activity, photos, emails and even your browser history.
In March, an unnamed French scientist was denied entry to the States after airport immigration officers searched his phone and found messages critical of the Trump administration.
Last month, Turkish-American streamer Hasan Piker claimed he was detained and questioned for two hours by US Customs and Border Protection agents at Chicago's O'Hare Airport after returning from France.
He said agents interrogated him about his political views, including his stance on Trump and Gaza. Piker said the questioning felt 'deliberate'.
The searches are intended to verify identity and assess any potential security risks. But the fact is, if you've got nudes anywhere on your phone, they can be found, even if accidentally.
To view this video please enable JavaScript, and consider upgrading to a web browser that supports HTML5 video
However, immigration lawyer Dr Jennifer Obaseki tells Metro that concerns are growing about the right to privacy.
She asks: 'At what point does the US government feel they can overstep in restricting non-citizens' freedom of political expression, and therefore take that additional step to deny entry? It feels like a stretch on the authority they have, if not an abuse of power.'
Dr Obaseki also notes that many of the people who have been interrogated or turned away at the US border have been vocal about the Trump administration and Gaza.
The Fourth Amendment of the US Constitution protects people from random and arbitrary stops and searches. However, according to the American Civil Liberties Union (ACLU), the federal government claims the power to conduct certain kinds of warrantless stops within 100 miles of the US border.
So, if you have anything NSFW on there, you might want to think about clearing it up.
Technically, no. But what happens afterwards depends on your immigration status.
US citizens and lawful permanent residents cannot be legally denied entry if they refuse to unlock their devices.
Non-citizens, including tourists and visa holders, may be refused entry if they don't provide access to their device. And Dr Obaseki says this is more likely than not.
'Non-US citizens who are denied entry will typically be immediately removed. If it's in relation to digital content, though, the officer dealing with you would have to justify the decision,' she says.
'They have to give you a reason – whether they feel that you or the content that you hold shows that you have an intention to cause some kind of security risk, or because of any criminal history. If you don't have a criminal history, they have to consider you or your content as a risk.'
If you agree to hand over your phone, the ACLU recommends that you enter your password yourself. Turning off Face ID or fingerprint beforehand can help protect your privacy, too.
According to Dr Obaseki, if you have anything questionable on your phone, leave it at home. Simple as.
You can always have your phone sent to you, or load your content in the cloud, and use a basic device during your time in the US.
'It's better to have yourself through customs and immigration, rather than have questions and challenges at immigration,' Dr Obaseki says.
British travellers must also make sure they have an ESTA (Electronic System for Travel Authorization), which is permission to enter the US, before travel.
And Dr Obaseki warns there is no formal appeal process for visa denials.
However, there are preparations you can put in place to make potential challenges easier.
'At the point of entry, have someone on standby,' she advises. Meaning, if you're going to be landing and you have someone in the US expecting you, ask them to meet you at the airport.
If you provide border agents with the password of your device – or if you don't have one – they can conduct an immediate 'basic search'.
This usually means browsing through your texts, photos, apps and social media posts.
The ACLU says they might also download the full contents of your device and save a copy of your data. Agents have been required to return your device before you leave the airport since 2018.
They could, however, choose to do an 'advanced' or 'forensic' search. This is when they hold onto your device for five days to conduct a thorough search. Agents can keep it for longer due to 'extenuating circumstances', when the period is extended by seven days each time.
The ACLU says they have received reports of phones being held for weeks and even months.
Should you leave the airport or other border checkpoint without your device, the ACLU advises getting a receipt. This will include information about your device and contact information to follow up.
If your denial is linked to digital content or social media associations, Dr Obaseki says you have to think carefully.
'Ask yourself, if somebody has made a decision and made notes about me, who else is going to see them? How long are they going to be stored on my record?'
She stresses that there could be a knock-on effect on future travel. Plus, there's no real transparency on how the content taken is going to be used against you. For example, what if a family member goes travelling, will they connect that person to you, and subsequently deny them entry?
Dr Obaseki repeats: 'The basis for which the searches are being made must be properly written down so that they can be challenged if they're wrong. If you're denied entry due to being at a university where there was a particular demonstration, for example, that doesn't mean you were automatically associated.'
In relation to your online presence, the expert says that the US Department of State, which handles visas and immigration abroad, are now working with social media companies to conduct these screenings.
'Before you go about getting your visa application, they are looking at your handles to find whether you should be allowed to come in,' she explains, adding that this expanded screening is going to step up more in June.
'The justification for that is because Trump has said he is going to be tough on immigration,' she adds.
With more reports of travellers being questioned, turned away or detained at US airports, many are thinking twice about visiting.
Dr Obaseki says we are likely to see more refusals over the next couple of months, and until the end of the Trump administration. 'We'll then have more cases which we can vet and analyse, and then use to advise people,' she says.
According to a recent study by the World Travel and Tourism Council, the US is projected to lose around $12.5 billion (£9.4 billion) in international travel spending this year, largely due to concerns over increased security.
Many are opting out of visiting, citing fears of invasive searches, the possibility of being refused entry or being detained at the border. More Trending
Still, the US is set to host the 2026 FIFA World Cup, alongside Canada and Mexico, a major draw which is predicted to bring in millions of tourists.
However, easing airport security measures doesn't seem to be on the cards ahead of the event.
Vice President JD Vance recently joked about deporting football fans who overstay their welcome at a recent press conference for the World Cup.
]'We'll have visitors from close to 100 countries. We want them to come,' he said. 'But when the time is up, they'll have to go home.'
The ACLU advises taking precautions to ensure travelling goes as smoothly as possible, when it comes to keeping your devices safe. Here are some of the tips outlined on its website: Let officers know if you have privileged material on your device Travel with as little data and as few devices as possible Encrypt devices with strong and unique passwords and shut them down when crossing the border
Store sensitive data in end-to-end encrypted cloud-storage account and remove any sensitive data from your device
Upload sensitive photos on your camera to your password-protected laptop or a cloud storage account
Keep devices off. If you must turn them on, ensure that they are in airplane mode, with both WiFi and Bluetooth disabled
Do you have a story to share?
Get in touch by emailing [e-mail].
MORE: Trump warns that Putin wants revenge for Ukraine's drone attacks
MORE: Expert reveals clues that Trump and Musk's relationship was doomed from the start
MORE: Women who have a miscarriage in West Virginia could be prosecuted