The U.S. Department of Homeland Security (DHS) and Customs and Border Protection (CBP) have proposed new regulations that would require applicants from visa-waiver countries to submit extensive personal digital information, including five years of social media history, as part of the Electronic System for Travel Authorization (ESTA) process. These measures are intended to enhance national security screenings and align with broader border security efforts initiated by the Trump administration. The proposal is currently open for a 60-day public comment period.
Proposed New Requirements for ESTA Applicants
Under the proposed regulations, citizens from the over 40 nations participating in the Visa Waiver Program would be required to provide several categories of personal digital information. This includes:
- Five years of social media activity.
- Telephone numbers used over the past five years.
- Email addresses used over the past ten years.
- Home addresses of immediate family members.
- Authorization for officials to scrutinize Internet Protocol (IP) addresses and metadata from electronically submitted photographs.
The proposal also suggests transitioning from the current online ESTA application to a mobile-only platform.
Rationale and Context
The proposal, submitted by CBP and DHS, has been published in the Federal Register. It aims to enhance national security screenings and is intended to comply with President Trump's January executive order, titled "Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats." This executive order seeks to protect U.S. citizens from individuals who may intend to commit terrorist attacks, threaten national security, advocate hateful ideologies, or exploit immigration laws for illicit purposes.
These proposed changes are part of a series of enhanced restrictions and surveillance measures implemented by the Trump administration concerning international travelers, foreign students, and immigrants. Previous actions have included the State Department's review of foreign students' social media accounts.
Impact on Visa Waiver Program
The measures would affect citizens from approximately 40 to 42 nations, including countries such as the United Kingdom, Ireland, France, Australia, Japan, and Germany. These citizens currently qualify for the ESTA program, which permits visits of up to 90 days to the U.S. without requiring a traditional visa.
Currently, the ESTA program involves submitting a limited amount of traveler information and a $40 fee, granting multiple entries to eligible citizens over a two-year period.
Additional Details and Observations
The proposal does not specify the types of online activity that would definitively constitute a threat. An expert in immigration law has noted that while requesting extensive information is not uncommon for traditional visa applicants, the specific implementation for ESTA applicants, including submission timelines and the extent of discretion granted to officers at points of entry, remains unclear.
Concerns have been raised regarding the broad nature of the guidelines that might be used to interpret content potentially deemed harmful to the United States. Online content, including posts, likes, comments, and shares, could be subject to scrutiny. Examples of content that have been cited in discussions as potentially causing concern include references to casual drug use, images of firearms, or expressions of pro-socialist or pro-communist views. Additionally, entirely deleting a social media presence has been identified as a potential point of consideration during such screenings.
The U.S. anticipates a notable increase in foreign tourism in the coming years, with upcoming events such as the 2026 men's football World Cup and the 2028 Olympic Games in Los Angeles.