Travelers Without US Visa May Face Social Media Checks

Proposed Changes to Travel Requirements for Visa Waiver Program Participants

A new proposal has been introduced by the U.S. Department of Homeland Security (DHS) that could significantly alter the travel process for individuals from certain countries who are currently allowed to visit the United States without a visa. The proposal suggests that these travelers may soon be required to provide detailed information about their social media activity, email accounts, and even extensive family histories before being approved for entry into the country.

The notice, published in the Federal Register on Wednesday, outlines that the Customs and Border Protection (CBP) is considering collecting five years of social media information from travelers from select countries participating in the Visa Waiver Program (VWP). This program allows citizens of approximately 40 mostly European and Asian countries to travel to the U.S. for tourism or business purposes for up to three months without needing a visa.

Unlike traditional visa applicants, VWP participants typically do not have to attend an interview at an embassy or consulate. Instead, they submit their information through the Electronic System for Travel Authorization (ESTA), which automatically screens them and approves their travel. However, under the proposed changes, this process would become more complex.

Additional Information Requested

The announcement also indicates that CBP would begin requesting additional information from travelers, including:

• Telephone numbers used over the last five years
• Email addresses used over the last decade
• Metadata from electronically submitted photos
• Extensive information about the applicant’s family members, such as their places of birth and telephone numbers

Currently, the ESTA application asks a more limited set of questions, such as the names of the applicant's parents and their current email address. The proposed changes would expand the scope of data collected significantly.

The public will have 60 days to provide feedback on the proposed changes before they take effect. However, CBP officials have not yet responded to inquiries regarding the specifics of the new rules.

Compliance with Executive Order

The agency stated that the proposed changes are in compliance with an executive order signed by former President Donald Trump in January 2017, which called for increased screening of individuals entering the U.S. to prevent potential national security threats. While the specific reasons for the additional data collection were not outlined, the policy aligns with the administration's broader focus on monitoring international travelers and immigrants.

Travelers from countries not part of the VWP system are already required to submit social media information, a policy that originated during the Trump administration and continued under the Biden administration. However, citizens from VWP countries were previously exempt from this requirement.

Increased Scrutiny of Social Media Activity

Since January, the Trump administration has intensified its checks on immigrants and travelers, both those seeking to enter the U.S. and those already residing in the country. Officials have implemented stricter visa rules, requiring applicants to make all their social media accounts public so that they can be more easily reviewed for what authorities consider potentially harmful content. Refusing to set an account to public may lead to visa denial, according to guidelines from the State Department.

Additionally, U.S. Citizenship and Immigration Services now evaluates whether applicants for benefits, such as green cards, have "endorsed, promoted, supported, or otherwise espoused" anti-American, terrorist, or antisemitic views.

Concerns from Advocates

The heightened focus on social media screening has raised concerns among immigration and free speech advocates. They are worried about what the Trump administration is looking for and whether these measures could target individuals who criticize the administration, potentially infringing on free speech rights.

Santana writes for the Associated Press.
This story originally appeared in Los Angeles Times.