The U.S. State Department has implemented visa restrictions targeting individuals involved in content moderation, fact-checking, and other activities identified by the Trump administration as "censorship" of American speech. This initiative includes an internal directive to consular staff regarding H-1B visa applicants and, on a recent Tuesday, specific visa denials for five European individuals. U.S. officials state these actions aim to defend American freedom of expression against what they describe as "extraterritorial overreach by foreign censors."
Overview of Visa Restrictions
The State Department issued an internal directive instructing consular staff to deny visa applications for individuals deemed responsible for or complicit in "censorship or attempted censorship of protected expression in the United States." This policy primarily affects applicants for H-1B visas, commonly utilized in the technology sector, including social media and financial services companies.
Consular officers are directed to conduct thorough examinations of applicants' work histories, including resumes, LinkedIn profiles, and media mentions. The scrutiny focuses on involvement in activities such as combating misinformation, disinformation, false narratives, fact-checking, content moderation, compliance, and trust and safety. This policy aligns with a May announcement by Secretary of State Marco Rubio, which restricted visas for "foreign officials and persons who are complicit in censoring Americans."
Specific Visa Denials for European Individuals
On Tuesday, the State Department announced visa denials for five European individuals, citing their involvement in efforts to influence U.S. technology companies regarding content moderation and the suppression of certain viewpoints online. These individuals were identified via social media posts by Under Secretary of State for Public Diplomacy Sarah Rogers.
The individuals named are:
- Thierry Breton, former top tech regulator at the European Commission, described by the State Department as a key figure in the development of the EU's Digital Services Act (DSA).
- Clare Melford, leader of the UK-based Global Disinformation Index (GDI).
- Imran Ahmed, from the Center for Countering Digital Hate (CCDH).
- Anna-Lena von Hodenberg and Josephine Ballon, co-CEOs of the German organization HateAid.
U.S. Government Rationale
Secretary of State Marco Rubio stated that the U.S. denies visas to those seeking to "coerce" American platforms into suppressing viewpoints. He characterized these individuals as "radical activists" and "agents of the global censorship-industrial complex" associated with "weaponized" non-governmental organizations. Secretary Rubio further stated that the Trump administration's "America First" foreign policy "rejects violations of American sovereignty," asserting that "extraterritorial overreach by foreign censors targeting American speech is no exception."
Under Secretary Rogers accused the GDI of utilizing U.S. taxpayer money to "exhort censorship and blacklisting of American speech and press." She also characterized Imran Ahmed as a "key collaborator with the Biden Administration's effort to weaponize the government against US citizens." A State Department spokesperson referenced the President's past social media account suspensions as an example, stating the administration aims to prevent similar experiences for other Americans.
Context: EU Digital Services Act and X
The EU's Digital Services Act (DSA) mandates content moderation requirements for social media firms operating within the European Union. While Brussels maintains the DSA is a regulatory framework aimed at enhancing online safety and ensuring that "what is illegal offline is also illegal online," some U.S. conservatives have expressed concerns that it targets right-wing opinions.
Thierry Breton has previously engaged with Elon Musk, owner of the social media platform X, regarding compliance with EU regulations. The European Commission recently issued a €120 million fine to X under the DSA, asserting that the platform's "blue tick" verification system was "deceptive" due to a lack of meaningful user verification. In response, X restricted the European Commission from placing advertisements on its platform. Under Secretary Rogers referenced a communication from Breton to Musk regarding the potential "amplification of harmful content" if an online interview with Donald Trump was broadcast in August 2024.
Reactions from Affected Parties and Other Officials
Thierry Breton responded to the visa restrictions via social media, stating: "To our American friends: Censorship isn't where you think it is." He also noted that all 27 EU member states voted for the Digital Services Act in 2022.
A spokesperson for the GDI described the visa sanctions as an "authoritarian attack on free speech and an egregious act of government censorship." The CEOs of HateAid, Anna-Lena von Hodenberg and Josephine Ballon, issued a joint statement calling the measure "an act of repression by a government that is increasingly disregarding the rule of law and trying to silence its critics by any means necessary." They affirmed their commitment to not be "intimidated."
French Foreign Minister Jean-Noël Barrot condemned the visa restrictions, stating that the DSA "has absolutely no extraterritorial reach and in no way concerns the United States."
Broader Policy Context and Criticisms
In a related policy change, the State Department announced that H-1B visa applicants and their dependents would now be required to set their social media profiles to public for review by U.S. officials. Additional visa restriction policies were also introduced earlier this year, affecting foreign visitors from specific African and Middle Eastern countries, as well as the Palestinian Authority, with some visitors potentially required to post a financial bond.
Alice Goguen Hunsberger, a professional with experience in trust and safety at tech companies, expressed concern regarding the association of trust and safety work with "censorship." Hunsberger emphasized that trust and safety encompasses critical work such as protecting children from child sexual abuse material (CSAM), preventing fraud, scams, and sextortion, and contributes to internet safety. She also highlighted the importance of diverse global workers on such teams for understanding varied languages and cultures.
Carrie DeCell, a senior staff attorney at the Knight First Amendment Institute at Columbia University, criticized the guidance, stating that individuals studying misinformation and working on content moderation are engaged in activities protected by the First Amendment. DeCell characterized the policy as "incoherent and unconstitutional."
Visa Process Information
Most European citizens can typically enter the U.S. under the Visa Waiver Program, which does not require a traditional visa but an online application through a Department of Homeland Security system. A U.S. official, speaking anonymously, indicated that it is possible some of the five individuals have been flagged within this system.