The Department of Homeland Security has proposed new rules that would require visitors from the 42 countries in the visa waiver program to provide extensive online and personal data before they can enter the United States. The notice, published in the Federal Register and open for 60 days of public comment, would expand what travelers must disclose beyond the current Electronic System for Travel Authorization (ESTA) process.
Under the proposal, eligible travelers would have to submit five years of social media history. They would also be required to provide all email addresses used in the last 10 years, phone numbers and home addresses for immediate family members, and could be asked to supply IP addresses and metadata from digitally submitted photos. Homeland Security says the requirements implement a January executive order aimed at protecting the U.S. from individuals who might threaten national security, public safety or espouse violent or hateful ideologies, but the agency has not specified what kinds of online activity would be deemed problematic.
Currently, visa-waiver travelers can apply through ESTA for a $40 fee and typically avoid the longer visa application process. The proposed changes could alter that system as well: the notice suggests eliminating the web-based application in favor of a mobile-only platform.
Legal and immigration experts note that some social-media screening already takes place for visa applicants, so the proposal is an extension rather than a wholly new practice. But they warn the proposal is broad and leaves much to discretion, raising concerns about inconsistent application and potential political bias. Critics say the absence of clear standards for what constitutes a security threat means officers could interpret lawful expression or dissenting viewpoints as disqualifying.
Marissa Montes, director of the Immigrant Justice Clinic at Loyola Law School, said it’s unclear how and when the information would be collected — whether applicants must submit it in advance or if officers will request it at the border — and that discretionary enforcement is troubling. She advises clients to monitor not only their own posts but also interactions such as likes, comments and shares, since those can be used in screening. At the same time, she cautions that deleting social media accounts entirely can itself draw scrutiny.
The proposal follows other recent moves by the administration to broaden online screening: the State Department has said it will review social media for foreign student visa applicants, and consular staff were instructed recently to reject certain visa applications from individuals who worked in content moderation or fact-checking. The Federal Register notice lays out the information-collection changes and seeks feedback before any rules are finalized.