The U.S. Department of Homeland Security (DHS) has proposed new regulations that would introduce stricter requirements for visitors from countries participating in the Visa Waiver Program. These proposed measures, currently open for a 60-day public comment period, aim to enhance national security screenings.
Proposed Data Collection
Under the new conditions, citizens from the 42 countries within the visa waiver program would be required to submit comprehensive personal digital information for consideration of entry into the U.S. This includes:
- Five years of social media activity.
- Email addresses and phone numbers used over the past 10 years.
- Home addresses of immediate family members.
Additionally, officials would be authorized to scrutinize Internet Protocol (IP) addresses and metadata from electronically submitted photographs.
Rationale for Changes
U.S. Customs and Border Protection (CBP) stated that the mandatory social media requirement is intended to comply with President Trump's January executive order. This 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. However, the proposal does not specify the types of online activity that would constitute a threat.
Impact on Visa Waiver Program and ESTA
Currently, the Visa Waiver Program allows citizens of allied countries, such as Australia, France, Germany, Japan, and the United Kingdom, to enter the U.S. for tourist or business visits without requiring a visa. This process involves submitting an online application through the Electronic System for Travel Authorization (ESTA) and paying a $40 fee. The proposed changes suggest eliminating the current online ESTA application in favor of a mobile-only platform.
Broader Context and Expert Observations
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 include the State Department's review of foreign students' social media accounts and instructions to reject certain visa applications based on activities perceived as "censorship."
An expert in immigration law noted that while requesting such extensive information is not new 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 used to interpret what content might be deemed harmful to the United States. Individuals are advised that their online content, including posts, likes, comments, and shares, could be subject to scrutiny. Examples of content that could be flagged 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 red flag during such screenings.