Right now, these searches are completely legal. While the Constitution's Fourth Amendment normally protects you against warrantless searches of your devices, that doesn't count for border crossings within 100 miles -- officials can even keep devices for 5 days without offering an explanation. In that regard, Wyden's bill would close a gap in civil rights for at least some of the population. CBP's own policy hasn't been updated since 2009, at a time when smartphones were only just becoming popular and data privacy wasn't as paramount an issue as it is today.

There's no guarantee that the bill will become law. Senior intelligence officials speaking to NBC News understand that the massive increase in phone searches was prompted by "domestic incidents" where neither the FBI nor watch lists were enough to stop American citizens from conducting attacks. And yes, the new White House's immigration policy is believed to be contributing to the spike -- officials feel like they have more justification for their searches. The bill's backers will have to convince Congress that warrant requirements can protect your privacy without undermining security.