Travel

Assistance with investigating and appealing watchlist designations and airport, train, border, and travel delays, harassment, or interrogation. Last Updated June 2025.

Border Search Law

CBP Policies

  • CBP’s 2009 Directive No. 3340-049, titled Border Search of Electronic Devices Containing Information, sets out the agency’s policy for “searching, reviewing, retaining, and sharing information” contained in electronic devices, and superseded previous CBP policies pertaining to device searches. CBP may seize information with probable cause related to immigration, customs, or other border enforcement mandates. Although information deemed “privileged or sensitive” will only be shared with “federal agencies[,]” all other information may be shared with “federal, state, local, and foreign law enforcement agencies.”CBP Directive No. 3340‑049: Border Search of Electronic Devices Containing Information. U.S. Customs and Border Protection, 20 Aug. 2009, www.dhs.gov/xlibrary/assets/cbp_directive_3340-049.pdf.
  • CBP’s 2018 Directive titled Border Search of Electronic Media, (the current policy as of June 2025), describes when and how CBP officials may search electronic devices, how agents will handle and review passcode-protected or encrypted information, how long the agency will retain data seized or copied from devices, under which circumstances CBP will transfer seized data to other federal agencies, and when the seized data will be deleted or destroyed. Permits basic searches without suspicion. Allows advanced searches with reasonable suspicion. Supports off-site analysis and indefinite retention if information is “relevant.” Requires destruction of data not deemed relevant but with weak documentation practices CBP Directive No. 3340‑049A: Border Search of Electronic Media. U.S. Customs and Border Protection, 4 Jan. 2018, www.cbp.gov/sites/default/files/assets/documents/2018-Jan/CBP-Directive-3340-049A-Border-Search-of-Electronic-Media-Compliant.pdf

ICE Policies

  • ICE uses Directive No. 7–6.1 (2009), updated by a 2018 broadcast. The policy:
    Permits basic searches without suspicion. Allows advanced searches with reasonable suspicion. Supports off-site analysis and indefinite retention if information is “relevant.” Requires destruction of data not deemed relevant but with weak documentation practices. It sets a 30-day deadline for searches, though ICE managers may grant extensions. Ice Border Search of Electronic Devices: Directive No. 7‑6.1 (10044.1). U.S. Immigration and Customs Enforcement, 18 Aug. 2009, www.dhs.gov/xlibrary/assets/ice_border_search_electronic_devices.pdf

How to Avoid Risk & Secure Devices 

TGNC Resources 

Background:  On January 20, 2025, Trump signed an executive order attempting to  mandate discrimination against transgender people across the federal  government and government programs. This included a directive to the  Departments of State and Homeland Security “to require that  government-issued identification documents, including passports, visas,  and Global Entry cards” reflect their sex “at conception.” Under the  ensuing Passport Policy, within 24 hours the State Department began  holding some passports and other documents (such as birth certificates  and court orders) submitted by transgender, intersex, and nonbinary  people who had applied to update the sex designation on their U.S.  passports and returning others with their applications rejected and  their newly-issued passport marked with their sex assigned at birth.

Finding People In Detention

  • “Searching for Someone in CBP Custody.” U.S. Customs and Border Protection, modified 12 Feb. 2025, cbp.gov/about/searching-someone-cbp-custody You can use this online tool to find out where someone in immigration detention is being detained. You can search with first name, last name, and country of birth, or instead with their alien registration number and country of birth. Please note that it can take a day or two after an ICE detention before this ICE locator system is updated.
  • American Immigration Council. Immigration Detention in the United States by Agency. Published 2 Jan. 2020, americanimmigrationcouncil.org/fact-sheet/immigration-detention-united-states-agency/.
  • “Know Your Rights: What to Do if You or a Loved One Is Detained.” Immigrant Justice, updated Jan. 2025, immigrantjustice.org/for-immigrants/know-your-rights/what-do‑if‑you‑or‑loved‑one‑detained/.
  • Pro Se Manual for Immigrants in Detention. National Immigrant Justice Center, Jan. 2025, immigrantjustice.org/for-immigrants/know-your-rights/pro-se-manual-for-immigrants-in-detention/.
  • CBP In San Francisco
    • Field Office 33 New Montgomery St., 16th floor San Francisco, CA 94105  General Phone +1 415-744-1530 Operational Hours 8:00 AM-5:00 PM (Pacific) Weekdays (Monday-Friday)
    • San Francisco International Airport, California – 2801 Port Type Port of Entry Permitted Customs Brokers Listing Port Code 2801 Directions to Port Office SFO Airport Located at S. McDonnell Rd. Landov + S. Links Road; The CBP airport office is located in the international terminal, on the “g” side, second level, next to the United Airlines domestic connecting flight walkway; The door is to the left of the elevator, behind the escalator that is next to the currency exchange cart; The door has a small CBP sign on it.
    • Location Address 555 Battery Street Room 319 San Francisco, CA 94111 Phone Contact: None Specified Fax Number: None Specified Port Director: None Specified
    • Deferred Inspection Office Address: 630 Sansome Street Room 1185 San Francisco, CA 94111-2280 Phone Number: (415) 844-5227 (415) 844-5528 Hours of Operation: 7:45AM – 3:00PM, Monday – Friday

How to File Complaints 

The Department of Homeland Security  

  • Process https://www.dhs.gov/file-civil-rights-complaint  Forms https://www.dhs.gov/publication/file-civil-rights-complaint
  • The Office for Civil Rights and Civil Liberties (CRCL) investigates civil rights and civil liberties complaints policies and activities, abuses of civil rights, civil liberties, and profiling on the basis of race, ethnicity, or religion, by employees and officials of DHS (U.S. Customs and Border Protection (CBP); U.S. Immigration and Customs Enforcement (ICE);  Transportation Security Administration (TSA); U.S. Citizenship and Immigration Services (USCIS); U.S. Coast Guard (USCG); U.S. Secret Service (USSS); Federal Emergency Management Agency (FEMA); Federal Protective Service (FPS).) Including:
    • Discrimination based on race, ethnicity, national origin, religion, gender, or disability
    • Violation of rights while in immigration detention or as a subject of immigration enforcement
    • Discrimination or inappropriate questioning related to entry into the United States
    • Violation of right to due process, such as right to timely notice of charges or access to lawyer
    • Violation of the Violence Against Women Act confidentiality requirements
    • Physical abuse or any other type of abuse
    • Any other civil rights, civil liberties, or human rights violation related to a Department program or activity
  • Contact the DHS Inspector General. https://www.oig.dhs.gov/about/contact
  • What is TRIP: It works with DHS, CPB, ICE, TSA, and the Department of State. What can you investigate? Watch list issues; screening problems at ports of entry; unfair or incorrect delays; boarding denials; selection for additional screening; and more. https://www.dhs.gov/dhs-trip
    • Examples. You were able to print a boarding pass from a kiosk or from the Internet. You were denied or delayed boarding. A ticket agent “called someone” before handing you a boarding pass You were told: your personal information was incomplete or inaccurate or you are on the “No Fly List.”
    • You can also appeal past treatment you experiences from DHS/CBP/ICE/TSA staff during travel screening at transportation hubs (airports, train stations, borders, etc).  if you were unfairly detained, or unfairly denied entry, or  record of your personal information is inaccurate.
    • If you believe you are on a watch-list https://www.dhs.gov/step-1-should-i-use-dhs-trip
  • How to appeal https://www.dhs.gov/step-2-how-use-dhs-trip
    • You can investigate through FOIA before you appeal.
    • Or you can directly appeal. Travelers can appeal themselves online here https://trip.dhs.gov/ or through snail mail https://www.dhs.gov/sites/default/files/publications/dhstrip-form-591.pdf. You will need to include copies of your identification
    • Travelers can also hire an attorney to assist. An authorization for release is needed https://www.dhs.gov/sites/default/files/publications/dhs-form-590.pdf

CBP  

  • Complaint https://help.cbp.gov/app/forms/complaint
  • CBB maintains number of trusted traveler programs https://www.cbp.gov/travel/trusted-traveler-programs.
  • You can appeal denials of admission to the Trusted Traveler SENTRI, NEXUS or FAST or Global Entry programs.  https://help.cbp.gov/app/answers/detail/a_id/1150/~/trusted-traveler-application-denied  https://help.cbp.gov/app/answers/detail/a_id/1360/related/1/session/L2F2LzEvdGltZS8xNDYyNDAxMjI5L3NpZC9xaWtRVkdQbQ%3D%3D

TSA  

  • Process https://www.tsa.gov/travel/passenger-support/claims#
  • Form https://www.tsa.gov/contact-center/form/complaints

ICE

  • Contact ICE (e.g., Office of Information Governance & Privacy or Office of Diversity & Civil Rights). https://www.ice.gov/contact see guides on this site.

Watchlist – Terrorist Screening Center (TSC) Terrorist Screening Database (TSDB) 

  • The TSC is administered by the FBI, U.S. Department of Justice, and the departments of Homeland Security, Defense, State and Treasury, and the CIA. There a two subsets
    • The “No Fly” – includes individuals who are prohibited from boarding an aircraft. You are NOT on the No Fly list if you receive a boarding pass.
    • The “Selectee” list includes individuals who undergo additional security screening before being permitted to board an aircraft.
  • Redress/Appeals/Complaints https://www.fbi.gov/about-us/nsb/tsc/tsc_redress
    • The TSC does not accept redress inquiries or complaints directly from the public. It instructs travelers to contact the screening agency where the incident arose.

Office of Foreign Assets Control Lists (Sanctions, Watchlists, etc.)

  • Background information https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx
  • Search sanctions lists https://sanctionssearch.ofac.treas.gov/
  • Appealing designations. Email ofac.reconsideration@treasury.gov https://www.treasury.gov/resource-center/faqs/Sanctions/Pages/ques_index.aspx
  • Notes OFAC refuses to remove a designee’s name from the list, the IEEPA does not provide for an administrative appeal. The only recourse is to challenge the designation by filing a lawsuit.  http://www.lccr.com/wp-content/uploads/The-OFAC-List-2014-FINAL.pdf

Centers for Disease Control and Prevention Do Not Board List

  • Information on current quarantines http://www.cdc.gov/quarantine/quarantineisolation.html

Release Forms

How to Get Records 

  • File a Freedom of Information Act/Privacy Act request.
  •  You can submit requests via the CBP website or the ICE website. 
  • You can also use the nonprofit website Muckrock to file requests with CBP or ICE.

How to Get People Released

  • Catholic Legal Immigration Network, Inc. A Guide to Obtaining Release from Immigration Detention. May 2021, cliniclegal.org/sites/default/files/2021-05/A%20Guide%20to%20Obtaining%20Release%20From%20Immigration%20Detention.pdf.  

Referrals

  • National Immigrant Justice Center (NIJC): If you are in immigration detention, or are calling about someone in detention: Call the NIJC Detention Project at (773) 672-6599 on Tuesdays from 11:00 a.m. to 2:00 p.m. Detained immigrants call collect at (312) 583-9721 or use the pro bono platform and NIJC’s 3-digit code, 565. immigrantjustice.org/contact-us
  • Need a Lawyer? The National LGBTQ+ Bar Association lgbtqbar.org/about/gethelp/
  • Referral Directory. National Lawyers Guild www.nlg.org/referral-directory/
  • AILA’s Immigration Lawyer Search. American Immigration Lawyers Association www.ailalawyer.com/
  • Find Your Local California Rapid Response Network. California Collaborative for Immigrant Justice, updated 15 Apr. 2025, www.ccijustice.org/carrn

Legal Advocacy Around Changing Policies