With the Department of Homeland Security’s groundbreaking new guidelines issued on May 12, 2025, travelers entering the United States are experiencing significant changes at border crossings. These updates, announced by Secretary of Homeland Security Kristi Noem, strengthen civil liberties protections while maintaining border security priorities. Here’s what you need to know before your next international trip.
These changes include the May 7th REAL ID deadline, which has already created headaches as travelers without compliant licenses face enhanced TSA screening and long DMV lines nationwide, as well as longer stops when entering through a border.
“These new measures ensure that border security and respect for individual rights work together, not against each other,” said Secretary of Homeland Security Kristi Noem in yesterday’s announcement. “We can maintain America’s strongest border in decades while upholding our values.”
Know Your Rights Based On Your Status
Your level of protection at the border largely depends on your immigration status. U.S. citizens enjoy the strongest protections and must be admitted upon verification of citizenship. They only need to answer routine questions about the nature of their trip and confirm their identity. While they maintain full constitutional rights at borders, some limitations still apply regarding searches of electronic devices and personal belongings.
Green card holders have similar protections to U.S. citizens in most cases and cannot be denied re-entry into the country when returning from abroad. However, they could face detainment or further inspection if they refuse certain requests, such as allowing a phone search.
Non-citizens, including visa holders and tourists, face different circumstances. They can be denied entry if they refuse to answer an officer’s questions and should generally comply with directives. While they will still face more extensive screening requirements, the new guidelines ensure these processes avoid discriminatory practices. As one border official noted, “This isn’t about loosening security – it’s about making sure our focus stays on actual threats rather than assumptions.”
Electronic Device Searches
Despite the new protections, border agents still have authority to conduct warrantless searches of certain belongings and devices. Our Fourth Amendment protection against warrantless searches doesn’t wholly apply within 100 miles of the border, but we still do have rights.
If you’re concerned about privacy during your travels, consider cleaning up your device’s photos, videos, social media, or chats before crossing the border. It’s important to understand that agents can only access what’s physically on your device, not what’s stored in the Cloud and only accessible via internet.
If agents keep your phone for further inspection, ask for a receipt about the incident and contact information to follow up. Having this documentation will be crucial if you need to file a complaint later.
If You Feel Your Rights Were Violated
Access to a complaint system for travelers who believe they experienced discrimination isn’t used nearly as much as it could be. If you feel your rights have been violated during a border crossing, you can file a complaint through the DHS TRIP (Traveler Redress Inquiry Program).
Having an attorney’s contact information readily available – preferably on paper rather than stored on your phone – can be invaluable if you encounter problems. You may request to call an attorney in cases of prolonged detention, though officers have the authority to deny this request.
Additional Border Considerations
This advice comes amid record-low border encounters. According to recent DHS statistics, March 2025 saw just 7,181 illegal border crossings – a 95% decrease from March 2024 numbers. Critics argue the timing suggests political motives behind the changes.
“America’s border security is stronger than ever,” Secretary Noem concluded. “These guidelines ensure we maintain that security while treating every traveler with the dignity and respect they deserve.”
