Title: The Implications of New Social Media Checks on Travel to the United States: An Examination of the Proposed Rule Change
Abstract:
The United States Department of Homeland Security (DHS) has proposed a new rule that would require travelers from countries participating in the visa waiver program to provide their social media history from the last five years as part of the online application process. This move aims to enhance national security by identifying potential threats and preventing individuals with hostile attitudes towards the US from entering the country. However, civil liberties groups have raised concerns about the sweeping expansion of federal surveillance over routine travel. This paper examines the proposed rule change, its implications for travelers, and the potential consequences for national security and individual privacy.
Introduction:
The visa waiver program, which allows citizens from 42 countries to enter the US for up to 90 days without a visa, has been in place since 1986. In 2019, the Trump administration introduced a requirement for visa applicants to disclose their social media accounts as part of the application process. The proposed rule change would extend this requirement to travelers from visa waiver countries, who would need to provide their social media history from the last five years as part of the online application process.
The Proposed Rule Change:
The proposed rule change would require travelers from visa waiver countries to provide the following information as part of the online application process:
Social media history from the last five years, including social media identifiers used during this period.
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.
Personal biometrics, including fingerprints, DNA samples, iris scans, and facial images.
The proposal does not clarify how biometric information would be collected, and the DHS did not respond to queries about what information applicants from visa waiver countries would need to supply for the social media screening.
Implications for Travelers:
The proposed rule change would affect approximately 17 million people who use the visa waiver program to enter the US each year. Travelers from visa waiver countries would need to provide detailed personal information, including social media history, as part of the online application process. This could lead to delays in processing times and potentially affect the ability of individuals to travel to the US for business or tourism.
Types of Online Language or Associations that Could be Flagged:
The proposed rule change does not provide clear guidance on what types of online language or associations could be flagged by US authorities during the social media vetting process. However, the Trump administration has stated that 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 in 2025, 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.
Comparison with Other Countries:
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. 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.
Conclusion:
The proposed rule change would significantly expand the vetting of social media accounts for travelers from visa waiver countries. While the intention behind the proposal is to enhance national security, civil liberties groups have raised concerns about the potential consequences for individual privacy and the sweeping expansion of federal surveillance over routine travel. As the US considers implementing this new rule, it is essential to weigh the potential benefits against the potential risks and ensure that the vetting process is fair, transparent, and respectful of individual rights.
Recommendations:
The US government should provide clear guidance on what types of online language or associations could be flagged by US authorities during the social media vetting process.
The proposed rule change should be subject to rigorous scrutiny and debate to ensure that it is fair, transparent, and respectful of individual rights.
The US government should consider alternative approaches to enhancing national security, such as improving intelligence gathering and sharing, rather than relying solely on social media vetting.
The US government should ensure that the vetting process is proportionate to the risks posed by individual travelers and does not unfairly target specific groups or individuals.
Future Research Directions:
An examination of the effectiveness of social media vetting in identifying potential security threats.
A comparison of the social media vetting processes used by different countries and their implications for national security and individual privacy.
An analysis of the potential consequences of the proposed rule change on the US travel industry and the economy.
A study of the impact of social media vetting on individual rights and freedoms, including the right to privacy and freedom of expression.