Legal Information
1) Where I can find information about Travel Concerns?
There’s information on the All Hands wiki about Airlines, and large device ban on flights.
2) What’s the purpose of my trip?
To attend a conference, an event, or business meetings
3) What kind of visa should I request?
B-1 Business Visitor Visa
3) If I am entering the United States, can I be stopped and searched?
Yes. CBP can stop, search, and detain anyone at the border for any reason.
4) Do I have to turn over my device? Do I have to unlock my device or provide the password to the device? Can CBP search my devices or make copies of its content?
CBP can inspect, seize and retain your device. If you are asked to provide your device for physical inspection, you should do so.
CBP may also ask you to provide the password to your device or unlock your device. It is currently not clear whether you have a right to decline to provide the password to your device or unlock your device. It is also not clear how far CBP can go in searching your device or making copies of its content.
If you decline to unlock your device or provide passwords for your device, be aware that CBP may seize and retain your device for further inspection.
5) Can I be denied entry to the United States and/or have my device seized for refusing to unlock or provide the password to my device?
If you decline to unlock you device or provide passwords for your device, CBP may seize and retain your device for further inspection.
CBP’s authority to deny you entry can depend on your immigration status. If you are a United States citizen or Green Card holder, you may be detained or otherwise delayed by CBP, but you cannot be denied entry into the United States. If you are a nonimmigrant visa holder or other foreign national, CBP can deny you entry into the United States.
6) Do I have to provide access to my social media accounts or email?
At the border, if CBP presses you to provide access to your social media accounts or email, the same general considerations apply to these accounts and passwords as apply to your devices, so check out the answer to questions 3 and 4 above.
7) What should I do if my device is taken?
If your device is taken, obtain a receipt and write down the name of the CBP officer who took the device.
CBP should also provide you with an information sheet that explains their policy and procedures for inspecting electronic devices, including the process for returning your device (which could take more than 30 days, unless CBP determines that the device must be seized).
8) Should I travel with my laptop/phone/tablet?
You need to make a decision based on the purpose of your travel and your business needs. But if you’ve read this far, you now know that your devices and the information they contain could end up in the possession of CBP. You should act accordingly. That means:
- Only bring a device if you really need it.
- Back up all of the data on your device that you do not want to lose if your device is taken.
- Delete copies of confidential data from your device that you do not want to be at risk of access by CBP or other third parties.
- Encrypt the data on your device (note, your drive should already be encrypted by default).
- Assure password protection is enabled on your device (longer and more complex the better)
- Confirm that your device is updated with the latest operating system and application patches so as to make use of the most up-to-date security features.
- Ensure your device is powered off when crossing borders (not just hibernating/sleeping).
9) What should I do if I have authentication credentials or other sensitive data on my device?
Again, you need to make a decision based on the purpose of your travel and your business needs. The same guidance generally applies; if you don’t need it then you shouldn’t travel with it.
10) Do I have the right to counsel during CBP questioning?
It depends on your immigration status and what stage of the admission process you are in. The following rules generally apply:
- If you are a United States citizen: You have the right to counsel if you are detained. You also have the right to counsel during additional screening (i.e., secondary inspection) by CBP. Asking to speak with an attorney (i.e., invoking the right to counsel) during secondary inspection is likely to seriously delay your admission to the United States.
- If you are a Green Card holder or nonimmigrant visa holder: You have the right to counsel if you are (i) charged with a crime, or (ii) placed into removal proceedings. If you are placed into removal proceedings, an attorney will not be provided for you by the government. You generally do not have the right to counsel during additional screening (i.e., secondary inspection) by CBP.
11) What do I do if I get detained?
Contact information is provided on the Invitation letter in the event that you do not have access to your devices. We will give more details over email before the event starts
12) If I have additional questions or concerns, who can I contact?
If you do end up in a situation at the border in which you are uncertain what to do and need support, you will be able to contact a Mozilla staff, details will be shared over the email.
If you have general immigration questions, please reach out to Heather Durham (details are in the Invitation letter).
13) Will Mozilla provide me with legal support?
Yes. In the event that you encounter problems at the border while traveling on Mozilla’s behalf, we will give you the details to contact a Mozilla staff. We will assess the situation and find you appropriate legal resources.
14) What should I do if I turn over my passwords?
Any passwords that you do hand over must be changed as quickly as possible after transiting the border.