State Department Issues Directive on Visa Eligibility
The State Department has issued an internal directive instructing consular staff to deny visa applications for individuals involved in fact-checking, content moderation, or other activities identified by the Trump administration as "censorship" of American speech. This directive primarily affects applicants for H-1B visas, commonly utilized by the technology sector.
The memo, which was reported by Reuters and NPR, advises consular officers that if evidence indicates an applicant was responsible for or complicit in "censorship or attempted censorship of protected expression in the United States," the applicant should be deemed ineligible for a visa. 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."
Scrutiny of Applicant Work Histories
Consular officers are directed to conduct thorough examinations of applicants' work histories, including resumes, LinkedIn profiles, and media mentions. The scrutiny focuses on activities such as combating misinformation, disinformation, false narratives, fact-checking, content moderation, compliance, and trust and safety. The memo specifically mentions H-1B visa applicants due to their prevalence in the tech sector, including social media and financial services companies that the administration states have been involved in "suppression of protected expression."
Diverse Reactions to the Policy
A State Department spokesperson, who declined to be named, stated the administration defends "Americans' freedom of expression against foreigners who wish to censor them" and does not support "aliens coming to the United States to work as censors muzzling Americans." The spokesperson referenced the President's past social media account suspensions as an example, stating the administration aims to prevent similar experiences for other Americans.
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 like 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 to enhance American safety.
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."
Related Visa Policy Change
In a related development, 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.