Electronics Detained at the U.S. Border? Don’t Panic—You May Be Able to Get Them Back

Many travelers—including U.S. citizens and green card holders—are surprised to learn that U.S. Customs and Border Protection (CBP) has the legal authority to inspect and temporarily detain electronic devices such as phones, laptops, and tablets during border inspections.

If your device has been detained, this does not automatically mean it has been confiscated or permanently taken. In many cases, with proper legal handling, your property can be returned.

---

What Does the Law Say?

CBP has broad authority at the border to inspect personal belongings—including electronic devices—without a warrant. In some cases, agents may temporarily detain a phone, laptop, or other device to conduct further examination. These secondary checks can take weeks or even months, especially if the device is flagged for national security or fraud-related concerns.

Detention ≠ Confiscation.

Detained devices are not automatically forfeited and can often be reclaimed through appropriate follow-up.

Real Cases We’ve Handled Successfully

Case 1: National Security Concerns, Device Returned

A Chinese national entering San Francisco had his phone and laptop detained after CBP discovered a photo of a military residential pass in his gallery. CBP suspected ties to the Chinese military and denied him entry on national security grounds. After his return to China, he contacted our firm—and we were able to successfully coordinate with CBP to retrieve and return his phone and laptop.

Case 2: Fraud Concerns, Device Returned

A green card holder entering the U.S. was questioned over promotional materials on her employer’s laptop that CBP believed might indicate immigration-related fraud. Her device was detained for investigation. Our office intervened, contacted CBP, and successfully secured the return of the laptop.

Key takeaway: Even if you are denied entry or your device is held for a long period, there is still a strong possibility of getting your property back—with the right legal steps.

“Detain” vs. “Confiscate”: What’s the Difference?

Understanding the legal terminology is critical:

• Detained: Temporary custody of a device for further inspection

  • May be returned after review

  • No criminal activity necessarily implied

  • Accompanied by a Detention Notice

• Confiscated: Permanent seizure of the item, typically involving illegal or prohibited content

  • Property ownership is lost

  • Usually linked to criminal violations or contraband

In almost all CBP electronics cases involving ordinary travelers, the action is a detention, not a confiscation. This means your device is held temporarily while CBP completes its investigation.

What Happens After a Device Is Detained?

If your device is detained, CBP will typically provide you with a Detention Notice that includes a case number and contact information for the CBP officer or agency handling the matter

Even if:

• You were refused entry, or

• You are no longer in the United States, or

• The investigation takes weeks or months

…you may still be able to retrieve your phone, laptop, or other devices—with the help of experienced legal counsel.

How Our Office Can Help

We have successfully assisted numerous clients—green card holders, visa holders, and international travelers—in recovering detained electronic devices from U.S. Customs and Border Protection.'

We can help by:

• Contacting the appropriate CBP office and officer on your behalf

• Asserting your legal rights to reclaim detained property

• Providing supporting explanations to mitigate concerns

• Coordinating remote returns if you are outside the U.S.

If your phone, laptop, or other device has been detained at a U.S. port of entry, contact us immediately. We will assess your situation, explain your options, and work with the relevant authorities to pursue the return of your personal property.