Passengers from an international flight enter customs and immigration control at McCarran International Airport (now known as Harry Reid International Airport) in 2011. The Department of Homeland Security is proposing collecting social media information from tourists visiting the U.S. from countries that don’t require a visa.
Julie Jacobson/AP
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Julie Jacobson/AP
The Trump administration is proposing new rules that would further tighten its grip on who’s allowed into the U.S., asking visitors from several dozen countries that benefit from visa-free travel to hand over their social media history and other personal information.
The new conditions were unveiled in a notice from the Department of Homeland Security earlier this week and are open for public comment and review for 60 days before going into effect.
The proposed measure applies to citizens from the 42 countries that belong to the visa waiver program and currently don’t require visas for tourist or business visits to the U.S. Those foreign citizens would now have to submit five years’ worth of their social media activity to be considered for entry.
They’d also have to provide emails they have used for the past 10 years, as well as phone numbers and home addresses of immediate family members. Officials would also be able to scrutinize IP addresses and metadata from electronically submitted photos.
U.S. Customs and Border Protection said the mandatory social media requirement is designed to comply with President Trump’s January executive order “to protect its citizens from aliens who intend to commit terrorist attacks, threaten our national security, espouse hateful ideology, or otherwise exploit the immigration laws for malevolent purposes.” However, they have not defined what type of online activity may constitute a threat.
Under the current visa waiver program, tourists can bypass the visa application process, which can take months to years. Instead, they pay $40 and submit an online application using the Electronic System for Travel Authorization, or ESTA. It’s accessible to citizens of U.S. allied countries, including Australia, France, Germany, Japan and the United Kingdom. But that system may also get an overhaul if the latest changes take effect. The notice proposes eliminating online applications, moving to a mobile-only platform.
This is the latest step in the Trump administration’s escalation of restrictions and surveillance of international travelers, foreign students and immigrants. In June, the State Department announced it will begin reviewing the social media accounts of foreign students. Earlier this month, the department instructed its staff to reject visa applications — primarily H-1B — from people who worked on fact-checking, content moderation or other activities, citing it as “censorship” of Americans’ speech.
These latest proposed changes are not that different from those already in place for visa applicants, Marissa Montes, a professor at Loyola Law School, and director of the Immigrant Justice Clinic, told NPR.
“It’s always been something that the government can ask for and has asked for in the past,” Montes said.
The big question remains: how will CPB screen ESTA applicants? Will it be a pre-submission requirement or will it be done by an officer at the entry point? The administration’s implementation plan is still unclear.
Historically, screenings have taken place at the entry point, with officers having the discretion to request additional information if needed.
What raises concerns, according to Montes, is the lack of explicit guidelines on what constitutes a threat to the United States.
“The issue with immigration policies like this is their broad and discretionary nature, giving agents the power to interpret what is deemed as anti-American,” she explained. “Criticism of the Trump administration or its values can sometimes be misconstrued as a threat.”
Montes advises caution not only with personal social media posts but also with interactions such as likes, comments, and re-posts, which could lead to denial or even a ban from the U.S. Posts related to drug use or firearms, as well as those with pro-socialist or communist sentiments, are particularly scrutinized.
While she warns against erasing one’s online presence entirely, she notes that it has become a red flag for officials.
“Our immigration laws are sensitive to certain behaviors due to bias, so it’s crucial to be mindful of your online activity,” she emphasized. “Remember, if I can find the information, so can the government.”
