The U.S. Department of Homeland Security is considering new regulations regarding foreign visitors’ social media accounts. This proposal targets travelers from the 42 countries that currently participate in the visa waiver program. These countries allow visitors to enter the U.S. for tourism or business without a visa.
Proposed Social Media Information Collection
Under the new rules, visitors would need to submit detailed social media information as part of their travel authorization process. Specifically, they would be required to provide:
- Five years’ worth of social media activity
- Emails used over the past ten years
- Phone numbers
- Home addresses of immediate family members
Moreover, authorities would have the ability to review IP addresses and metadata from photos submitted electronically.
Reasoning Behind the Proposal
The initiative aims to enhance national security by identifying individuals who may pose a threat to the U.S. It aligns with President Trump’s executive order to safeguard American citizens from potential terrorism and other national security risks.
Implications for Visa Waiver Program Participants
Currently, travelers can secure entry into the U.S. through the Electronic System for Travel Authorization (ESTA), which costs $40. However, the Department of Homeland Security’s proposed changes could eliminate the online application process, shifting to a mobile-only platform.
Marissa Montes, a professor at Loyola Law School, notes that these proposed measures resemble existing requirements for visa applicants. She emphasizes a crucial concern: the lack of clear guidelines on what online activities could be deemed harmful to the U.S.
Potential Consequences for Tourists
Montes warns that individuals may face scrutiny not only for their posts but also for posts they have liked or shared. Content related to casual drug use or firearms may be perceived as threats. Additionally, views expressed online that could be interpreted as anti-American or pro-socialist could lead to a denial of entry or even a permanent ban.
Travelers are advised to be diligent about their online presence. Eliminating social media profiles entirely may raise suspicions. Montes stresses that it is essential for visitors to understand the broad interpretations that could be applied by immigration officials.
As public commentary on this proposal is invited for 60 days, stakeholders anticipate significant discussion on the potential impact of these regulations on international travel to the U.S.
