In a sweeping expansion of border security measures, the Department of Homeland Security (DHS) is proposing a radical new policy that would require foreign nationals entering the United States under the Visa Waiver Program (VWP) to disclose up to five years of their social media history before being cleared for travel.
The proposed rule, aimed at enhancing security screening and detecting potential threats, would affect millions of tourists and business travelers from 41 participating VWP countries, including close allies in Europe, Asia, and Oceania. The move has already triggered a firestorm of criticism from civil liberties groups, who warn the measure constitutes an unprecedented invasion of privacy.
The New Digital Background Check
The proposed policy would integrate a request for social media account details into the Electronic System for Travel Authorization (ESTA) application—the mandatory online form that VWP travelers must complete before flying to the U.S.
- The Requirement: Applicants would be asked to voluntarily provide their account names and handles used on major social media platforms, including Facebook, X (formerly Twitter), Instagram, YouTube, and LinkedIn, for the preceding five years. While the submission would initially be listed as “optional,” critics argue that applicants would feel compelled to comply to ensure a smooth entry process.
- The Stated Goal: DHS Secretary Alexander Mayorkas stated the measure is a necessary tool for counter-terrorism and counter-intelligence efforts. “This is about having the necessary tools to more thoroughly vet individuals who seek to enter the United States and identify those who may pose a threat to our national security,” Mayorkas said.
- The Scope: The VWP allows citizens of certain countries to travel to the U.S. for tourism or business for up to 90 days without obtaining a visa. This policy would affect approximately 20 million travelers annually.
Backlash: Privacy, Bias, and Free Speech
Civil liberties organizations immediately denounced the proposal as an overreach that violates the privacy rights of millions of visitors and risks infringing on protected free speech.
- A ‘Digital Dragnet’: The American Civil Liberties Union (ACLU) called the proposal an “unacceptable digital dragnet,” arguing that the collection of such a vast amount of personal data could be used to create “political profiles” based on travelers’ associations, beliefs, and online expressions.
- Risk of Bias: Privacy advocates warn that the opaque nature of the algorithm used to analyze the data could lead to profiling and discrimination against applicants based on their religion, ethnicity, or political views, especially those who express criticism of U.S. foreign policy or domestic issues.
- International Reciprocity: Several European Union countries have quietly expressed concern, noting that the policy could invite reciprocal measures, forcing American citizens to disclose their own social media histories when traveling abroad.
The proposal has been formally published in the Federal Register, opening a 60-day period for public comment before DHS can finalize the rule. However, given the administration’s stated focus on border security and national defense, many experts expect the measure to move forward despite the widespread opposition.
The decision is set to fundamentally change the experience of international travel to the U.S., placing personal digital history under the direct scrutiny of federal government agencies.