U.S. Customs and Border Protection (CBP) has reported a significant rise in electronic device searches at border crossings. From July to August, CBP conducted 14,899 searches, marking an increase of over 21 percent from the previous quarter. This figure also represents a 36 percent rise compared to the same period last year. While most searches were basic, 1,075 were classified as "advanced," allowing officers to copy and analyze the contents of devices.

The increase in electronic device searches comes as the total number of travelers entering the United States rose by 6.6 percent. Notably, searches of U.S. citizens' devices increased nearly 22 percent. Immigration lawyers and travelers suggest that these statistics indicate heightened scrutiny, particularly during the second Trump administration.

Heather Segal, a Toronto-based immigration lawyer with three decades of experience in cross-border cases, noted a growing number of complaints from Canadian travelers. "Not a lot of the rules have changed in terms of entering the United States," she said. "Yet the discretion has always been there. And so what we're seeing is an exercise of discretion that's much stricter than ever before."

Some travelers have reported distressing experiences at the border. Angela Daigle from New Brunswick described a recent incident at the Houlton border crossing, where she was detained and handcuffed. "They had detained me in handcuffs, had me handcuffed down to a bench, and I was just really trying to ask them what was happening, and no one was really communicating with me," she recalled. Her fiancé, David Slagger, believes she was flagged for carrying what officers deemed "too many clothes" for a short visit.

Slagger also shared his own negative experiences with CBP officers, including an incident where an officer brandished a baton after questioning his use of a Canadian-issued Indigenous status card. He stated, "It amounts to fear-mongering. And I said, 'Look, don't try to intimidate me. I know the law. I know my rights.'" The couple has since decided to leave the U.S. and settle permanently in New Brunswick.

Experts are raising concerns about the privacy implications of these searches. Cybersecurity expert Ritesh Kotak advises travelers on how to protect their data. "You could use a burner phone," he suggested. "But at the end of the day, the lack of information on the device itself would be a red flag."

Nathan Kalman-Lamb, a sociologist from Fredericton, shared his experience of being required to hand over his phone during a recent trip. He noted that while the officer claimed it would be a cursory search, the documentation he received indicated that CBP reserves the right to copy all contents of the phone and share them with military and intelligence agencies.

In response to the rising number of searches, CBP stated that electronic device searches are lawful and essential for identifying threats and enforcing immigration laws. The agency emphasized that only a small percentage of travelers are subject to these searches and that officers follow strict guidelines. Reasons for secondary inspections can include incomplete documentation, suspicion of immigration violations, or random selection.

Segal encourages travelers to be prepared and know their rights, especially those from communities that may face additional scrutiny. "If you're a nervous person, travel by air," she advised. "If you go by pre-flight inspection in Montreal, you're adjudicated before you go into the United States. The worst possible-case scenario is they say, 'No, you go home, you sleep in your bed.'"

She also recommends carrying evidence of ties to Canada, such as a letter from an employer or proof of property ownership. As cross-border travel continues to decline, many Canadians feel that entering the U.S. is no longer a routine experience. "We're in a new normal," Segal said. "I think realistic expectations of longer waits, potentially longer questioning, maybe going into secondary more, just should be assumed."