The US is seeking to significantly expand its vetting of social media accounts for people who want to enter the country. In 2019, during President Donald Trump’s first term, the US imposed a requirement that visa applicants disclose their social media accounts. The Department of Homeland Security now aims to apply a similar requirement to another group: travellers from countries such as the UK, Japan and Australia whose citizens can enter the US without a visa.The Trump administration argues that the rule change is necessary to ensure travellers entering the country “do not bear hostile attitudes” to the US and its citizens. Civil-liberties groups warn that the approach marks a sweeping expansion of federal surveillance over routine travel. Here’s what to know: What exactly is the US proposing? The US is proposing that foreign visitors from countries whose citizens can travel to the US without a visa, but must still apply online for advance authorisation, provide their social media history from the last five years.DHS did not respond to a query about what information applicants from visa-waiver countries would need to supply for the social media screening. (Visa applicants are required to list all social media identifiers they have used in the past five years).Applicants would also be required to supply, when “feasible,” a broad set of additional personal information: telephone numbers used in the last five years; email addresses used in the last ten years; IP addresses and metadata from electronically submitted photos; family members’ names, residences, places and dates of birth, and phone numbers used in the last five years; and personal biometrics — fingerprints, DNA samples, iris scans, and facial images. The proposal does not clarify how biometric information would be collected.The proposal was announced on the Federal Register by the US Customs and Border Protection on December 10. The public was given 60 days to provide comments before the rule is finalised.Currently, would-be foreign visitors from the countries approved for visa-free travel are only required to submit basic biographic information, including a valid e-mail address, any aliases or prior names they have used, a home and work address and an emergency contact. Whom would the new rules affect? The US’s visa waiver programme allows citizens from 42 countries to come to the US for 90 days for tourism or business travel without a visa. Roughly 17mn people used the visa waiver programme to enter the US during the 2023 federal fiscal year, according to arrival data published by the Department of Homeland Security. What types of online language or associations could be flagged by US authorities? When asked for details regarding what types of language or associations could be flagged by US authorities during the social media vetting process, a Customs and Border Protection spokesperson did not answer. However, in the executive order that the new rule is designed to realise, the Trump administration said the US must be vigilant to prevent entrants who may “intend to commit terrorist attacks, threaten our national security, espouse hateful ideology, or otherwise exploit the immigration laws for malevolent purposes.”Earlier this year, the State Department launched an effort to cancel the visas of foreign students whose social media activity officials judged to show support for Hamas or other designated terrorist groups. It has also directed officials not to admit H-1B high-skilled worker applicants who have worked in areas including misinformation and disinformation analysis, content moderation or fact-checking, which the administration says contribute to the “censorship” of free speech. Do other countries screen travellers’ social media? Other countries do use social media in vetting foreign nationals, but mostly via review of publicly available content or “targeted checks” after an applicant is flagged for deeper scrutiny, immigration attorney Shanon Stevenson said.The visa form for the Schengen Area — a group of 29 European countries that allow passport-free travel across their mutual borders — does not have a field requiring applicants to list social media handles. However, local media reported that German federal police have recommended officials make “intensive use” of open source research, including checking social media profiles as part of risk profiling and fraud prevention.Canada’s immigration authorities review public online information, including social media, when they see discrepancies or need to verify facts, but there is no mandate that all applicants list their social media handles.The UK’s immigration services use open source intelligence and may look at social media in certain cases but do not require all applicants to disclose every social media identifier. What happens if applicants delete their accounts, use privacy settings, or have no social media presence? The Department of Homeland Security did not respond to a query about what happens if applicants delete their accounts, use privacy settings, or have no social media presence.In June, when Secretary of State Marco Rubio ordered US consular officers to scrutinise the social media profiles of student visa applicants, who were required to make their postings publicly accessible, he said that applicants’ lack of an online presence might be grounds to deny a visa. As of December 15, H-1B visa applicants were also required to set their social media accounts to public.Immigration lawyers have been advising clients against deleting accounts right before or after scheduling a visa appointment, Stevenson said. Are civil-liberties groups raising privacy-related concerns? In the aftermath of the proposal’s publication, advocacy groups and civil rights lawyers have assailed the proposal, citing privacy concerns. If implemented, the proposal could garner legal challenges arguing that it exceeds the government’s rule-making authority, improperly expands government surveillance powers, and infringes on fundamental privacy and civil-liberties protections. Critics say that past online posts could be misinterpreted and, more broadly, that such invasive searches of travellers’ social media could chill free speech.In December 2019, the Knight Institute, Brennan Center for Justice, and Simpson Thacher & Bartlett filed a lawsuit challenging the State Department’s rules requiring nearly all visa applicants to register with the government all social media handles they have used in the past five years. The case was later dismissed, but an appeals court revived it in part in 2025 to allow the plaintiffs to amend their claims.According to Stevenson, the odds of winning on the merits against the new policy for travellers who can enter the country without a visa are likely low: Courts tend to give the government substantial deference in immigration and national-security screening.There could also be lawsuits over claims the policy proposal, if enacted, would hurt businesses. If implemented, the new requirements would likely upend the travel and tourism industry, which the US Travel Association says contributes about $2.9tn to the US economy and supports around 15mn jobs.
