The Trump administration is proposing a new requirement for U.S. visitors to disclose five years of their social media history and other personal information before being admitted to the U.S.
U.S. Customs and Border Patrol posted a new proposal to the Federal Register detailing the new social media policy for travel authorization applications. The proposed rule seeks to comply with President Trump’s day one executive order on protecting the U.S. from foreign terrorists and other national security threats.
The social media disclosures will be a mandatory part of an Electronic System for Travel Authorization application. Many developed nations are part of the ESTA, which allows citizens of eligible countries to spend 90 days in the U.S. for tourism or business purposes without obtaining a visa. ESTA authorization usually lasts two years and costs $40 for applicants. Visitors can use it multiple times over that time frame.
Additionally, CBP’s new rule asks for biographical data “when feasible,” as well as phone numbers, email addresses, family member names and residencies, IP addresses from photos, and biometrics. These requirements will be collected on top of the personal information the ESTA already asks for.
The CBP proposal is open to a 60-day public comment period, as is typical for new agency rules. It will likely face significant blowback because of its First Amendment implications and the complications it could bring to the FIFA World Cup taking place in the U.S., Canada, and Mexico next year.
The Trump administration has already incorporated social media history into the vetting process for certain visa applicants. Last week, the State Department announced it is incorporating an online presence review for H-1B visa applicants. To conduct the review, the State Department is asking applicants to make their social media profiles publicly available. The State Department is interested in reviewing social media profiles to prevent U.S. visas from going to individuals with anti-American viewpoints. Earlier this year, the State Department enacted similar social media requirements for student visa holders in response to anti-Israel and anti-American demonstrations on college campuses.
Trump’s day one executive order instructs agencies to conduct vetting on U.S. visa holders to the maximum extent possible. Enhanced vetting is part of the Trump administration’s broader crackdown on immigration, especially from nations deemed hostile to the U.S.