On September 17, 2026, the U.S. Court of Appeals for the Second Circuit held that the government may manually search a traveler’s cellphone at the border without a warrant or any individualized suspicion. In United States v. Alisigwe, the court concluded that manual cellphone searches qualify as routine border searches, resolving a split among district courts within the Second Circuit.

The decision could have significant implications beyond traditional customs and immigration enforcement. Cellphones can contain communications, financial records, and other evidence relevant to government investigations, and the court reaffirmed that border searches may be conducted for investigative purposes unrelated to border enforcement. Individuals involved in government investigations—and companies whose employees travel internationally—should consider what privileged or sensitive information is accessible on devices carried across the border.

Important questions remain. Alisigwe addressed only a manual search and did not decide whether suspicion is required for more intrusive forensic searches or whether the government may compel a traveler to provide a passcode or biometric authentication. Those issues remain unsettled and are likely to be the subject of further litigation. Click here to read the full blog post.