Comment by wat10000
3 hours ago
They can ask, yes. And I can refuse. They can’t detain me more than temporarily, and they can’t prevent me from entering the country.
3 hours ago
They can ask, yes. And I can refuse. They can’t detain me more than temporarily, and they can’t prevent me from entering the country.
I'm afraid to leave the country precisely because I worry about difficulties upon return. I understand that as a citizen I can't be denied reentry, but I also understand they can make the process extremely difficult or uncomfortable if they want to and I have little or no recourse.
They can still make your life very difficult. They could throw you in jail for "obstructing investigation" or something similar.
Not in US, but had my phone seized by authorities and was asked to unlock it. I'm walking free, but I think what really saved me is that I genuinely complied with investigation and the only place where I drew the line was me giving away my password.
If I used my right to remain silent AND not give away the password, I'd probably be charged with something. I'm sure its very similar in many countries, including US.
It's extremely unlikely they'd jail me for obstruction. They wouldn't have a legal leg to stand on and they know it.
From CBP themselves:
"If a traveler being admitted as a U.S. citizen does not present their device in a condition that allows for examination, the U.S. citizen traveler will not be denied entry into the United States based on CBP’s inability to complete an inspection of their device. However, as noted above, their device may be subject to exclusion, detention, or other appropriate action or disposition."
Worst case would be losing the phone, which is a tradeoff I'm willing to make.
They have verbatim told me they would deny me entry into the country merely for not answering things like random questions about what work I do in the country or whether I own guns (I am a US citizen). They involved HSI and tried to get my passport revoked, they tossed me in a jail cell and vans with my hands and feet bound. They wrote lies in a search warrant, tied the lies to anonymous individuals and animals that can never be held to account, and then got a judge to sign a search warrant that turned up nothing. You will find "temporary" can be long enough to make your life extremely unpleasant, that they can do unpleasant things to your body, that they can run up debt in your name, that they can put you on a list so that you have no hope of making any airport connections for many years.
You later contact a lawyer, several lawyers in fact, only to find out they've handled many of these cases, always lost, and reluctant to bother trying again.
Respectfully, you don't realize how horribly naïve you are.