Protecting Data at the Border Act
Latest action (22 May 2019): Introduced
What this bill does
H.R. 2925, the "Protecting Data at the Border Act," would restrict how federal agencies can search the digital contents of electronic devices and online accounts belonging to U.S. persons at the border. Under the bill, a government entity generally could not access such digital contents without a warrant based on probable cause, could not deny entry or exit based on a person's refusal to unlock devices or accounts, and could not delay entry or exit more than four hours while seeking consent. Limited exceptions would allow warrantless access in defined emergencies (such as imminent danger, national security threats, or organized crime) subject to follow-up warrant requirements, or for public safety/medical emergencies. The bill also sets rules for informed written consent, limits on retaining or sharing improperly obtained data, restrictions on seizing devices absent probable cause of a felony, and bars unlawfully obtained data from being used as evidence in legal or immigration proceedings.
The bill primarily affects U.S. citizens and other "United States persons" crossing the border, as well as Department of Homeland Security officers and other government personnel who conduct border searches. It would also require DHS to keep records of each search and submit an annual public report to Congress detailing the number and nature of such searches, including demographic and nationality data.
Introduced by Rep. Ted Lieu on May 22, 2019, the bill was referred to the House Committees on the Judiciary and Homeland Security. It did not receive a vote and did not advance further in the 116th Congress.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Protecting Data at the Border Act
This bill limits government access to digital information at the border.
A governmental entity may not (1) access the digital contents of electronic equipment of a U.S. person at the border without a warrant, (2) deny such a person's entry into or exit from the United States because the person refused to provide access to digital content on electronic equipment or online account information, (3) delay such a person's entry or exit for more than four hours to determine whether the person will consent to providing access to online information, or (4) seize electronic equipment from a U.S. person without probable cause to believe that such equipment contains information relevant to a felony.
A governmental entity may access the contents of electronic equipment of a U.S. person without a warrant in an emergency. The entity must subsequently apply for a warrant within seven days, and if a warrant is not granted, the seized information must be destroyed and may not be disclosed.
A governmental entity may not make or retain a copy of information accessed under this bill without probable cause to believe that such information relates to a crime.
Information seized in violation of this bill (1) must be destroyed, (2) may not be disclosed, and (3) may not be received in evidence in any trial or government proceeding.
A governmental entity shall keep a record of each instance in which it obtains access to an individual's digital information at the border.
Common questions
- What does H.R. 2925 do?
- H.R. 2925, the "Protecting Data at the Border Act," would restrict how federal agencies can search the digital contents of electronic devices and online accounts belonging to U.S. persons at the border. Under the bill, a government entity generally could not access such digital contents without a warrant based on probable cause, could not deny entry or exit based on a person's refusal to unlock devices or accounts, and could not delay entry or exit more than four hours while seeking consent. Limited exceptions would allow warrantless access in defined emergencies (such as imminent danger, national security threats, or organized crime) subject to follow-up warrant requirements, or for public safety/medical emergencies. The bill also sets rules for informed written consent, limits on retaining or sharing improperly obtained data, restrictions on seizing devices absent probable cause of a felony, and bars unlawfully obtained data from being used as evidence in legal or immigration proceedings. The bill primarily affects U.S. citizens and other "United States persons" crossing the border, as well as Department of Homeland Security officers and other government personnel who conduct border searches. It would also require DHS to keep records of each search and submit an annual public report to Congress detailing the number and nature of such searches, including demographic and nationality data. Introduced by Rep. Ted Lieu on May 22, 2019, the bill was referred to the House Committees on the Judiciary and Homeland Security. It did not receive a vote and did not advance further in the 116th Congress.
- Has H.R. 2925 become law?
- Not yet. As of 22 May 2019, H.R. 2925 is introduced.
- Who sponsored H.R. 2925?
- H.R. 2925 was sponsored by Rep. Ted Lieu [D-CA36] (Democrat-CA), with 10 cosponsors.
- What's the latest action on H.R. 2925?
- Introduced (22 May 2019).
Related bills in Immigration
Providing Emotional Assistance with Relief and Love Act
To require the Commissioner of U.S. Customs and Border Protection to link together applications of family members throughout the NEXUS application process, and for other purposes.
No Racketeers on our Shores Act
Northern Border Security Enhancement and Review Act
Bill100 mirrors the public U.S. legislative record from Congress.gov and GovTrack and adds plain-English AI summaries. It is an information tool, not legal, compliance or lobbying advice, and it is not affiliated with the U.S. Congress or any government agency. AI summaries can simplify or omit detail — every bill links to the official source; verify there before you rely on it.