Would you open your Facebook, Instagram, or any social media account to obtain a US tourist visa? This could soon be a reality for travelers if a proposal by the US Customs and Border Protection (CBP) is approved, mandating a review of up to five years of social media history.
According to Dubai-based US attorney and legal director of The American Legal Centre, Shai Zamanian, the most significant legal concerns regarding this proposal revolve around privacy and freedom of speech, as reported by Khaleej Times.
“People are worried that the US collecting years of social media posts may reveal personal views unrelated to security, potentially making travelers self-censor online. There are also concerns about data storage and its actual impact on US safety.”
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On Tuesday, the US CBP proposed requiring US visa applicants to submit extensive personal data, including social media and email addresses from the past ten years, alongside family details. Currently, applicants from visa waiver countries must enroll in the Electronic System for Travel Authorization program, pay $40, and provide an email address, home address, phone number, and emergency contact information. This authorization lasts for two years.
Zamanian highlighted that the US has extensive legal authority to screen entrants. He explained: “The Immigration and Nationality Act allows the government to collect information necessary for security checks. Courts consistently uphold strong border search authority. The Homeland Security Act grants the US Department of Homeland Security (DHS) broad discretion to gather data to prevent threats.”
This implies foreign travelers have limited rights as entry isn’t guaranteed. “These rules make social media screening legally allowable under US laws,” explained Zamanian, a US immigration expert.
Why now?
The CBP proposal, once implemented, would impact visitors eligible for the visa waiver program, allowing travel to the US for up to 90 days without a visa, provided they secure electronic travel authorization. Travelers from countries such as Britain, France, Germany, and South Korea may soon be required to reveal up to five years of social media history.
Zamanian emphasized that the key question isn’t whether the US can do this but why it is choosing to act now and why it targets seemingly low-risk countries.
He stated: “The answer is simple: travelers from places like Britain, France, Germany, and South Korea can enter the US without a visa, meaning millions arrive annually with minimal pre-screening. The US fears this creates loopholes.”
The attorney also noted that recent attacks in Europe have shown online radicalization knows no borders and can occur anywhere.
“For instance,” he said, “the 2016 Nice attacker was influenced by extremist content online, the 2017 London Bridge attackers shared radical posts, and German authorities have thwarted several plots involving youth recruited via apps like Telegram.
“These incidents taught US security agencies that threats increasingly emerge from digital activity, not just physical networks. This recognition is why Washington now views social media as a crucial element of modern border checks,” Zamanian added.
Safeguards against unreasonable searches
Dubai-based technologist and cybersecurity expert Rayad Kamal Ayub stressed the necessity of implementing safeguards against unreasonable searches.
Although Ayub noted that the US CBP proposal is still in its early stages, with specifics to be clarified upon official announcement, “the legality of reviewing social media history largely depends on privacy rights outlined in the US Fourth Amendment, which protects against unreasonable searches and seizures.
“While the government can establish certain vetting requirements for national security and immigration purposes, these needs must be carefully balanced with individual privacy rights,” added Ayub, managing director of UAE-based Rayad Group’s Immigration Company.
He also commented on the motivation for stricter immigration vetting. “The US government’s motivation for increased vetting likely arises from heightened concerns about national security and terrorism. In a world facing growing global tensions and cyber threats, officials may believe enhanced scrutiny is essential for safety.
However, all these factors, Rayad emphasized, should be weighed against their impact on travelers. “If implemented, this proposal could significantly change the travel experience, making it more intrusive. Travelers might face delays at borders, heightened scrutiny of their online activities, and the risk of denied entry based on their social media history,” he concluded.
