State Department begins immigrant social media vetting this week
Certain immigrants and nonimmigrants must now hand over their social media accounts to immigration officials before admittance into the U.S. The State Department announced the change on Monday, adding that visitors must change all accounts to public to comply with the rule.
The rule that’s created controversy among immigration and privacy activists took effect Monday, possibly causing some people to be turned away at the border or have their visa applications denied. Reviews were already required of certain immigrants, but the State Department said it has expanded to include other visa holders, minor unmarried children and spouses.
“To facilitate this vetting, all applicants for A-3, C-3 (if a domestic worker), G-5, H-3, H-4 dependents of H-3, K-1, K-2, K-3, Q, R-1, R-2, S, T, U, H-1B, H-4, F, M, and J nonimmigrant visas are instructed to adjust the privacy settings on all of their social media profiles to ‘public’ or ‘open.’”
The department claimed that the expanded rule helps officials determine whether a person poses a threat to the U.S. and is truthful in their visa applications. Several organizations supported the rule, adding that it protects Americans and ensures “guests” don’t engage in activities contrary to national interest.
The State Department has not provided a definition of what could constitute a threat to the U.S.
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According to the State Department, 11.5 million visas were issued in 2024 for immigrants and nonimmigrants.
The rule was first proposed in December and drew pushback, as groups claimed it threatens freedom of speech and privacy rights afforded to Americans. The Brennan Center for Justice said on Feb. 18 that the rule mandates that visa holders and applicants list all social media accounts they held in the past five years, whether they were for professional or personal use.
“The long-term retention and sharing of these handles also violates federal privacy law and enables the continuous surveillance of millions of people in the United States — all with little to no oversight to protect privacy and civil liberties,” the center said.
Visas requiring a social media review
According to the State Department, the following visa-holders must comply with the social media policy:
- A3 — Nonimmigrant personal attendants, employees or servants of foreign government officials and diplomats who hold A-1 or A-2 visas.
- C3 — Domestic workers who are accompanying their employer into the U.S. on a work-related basis. The visa is also applicable for travelers traversing to and from the United Nations’ New York City headquarters.
- G5 — Employees of a designated international organization or of NATO.
- H3 and H4 —People enrolled in a training program not primarily for employment and dependents of an H1B holder.
The policy additionally applies to legal dependents of the following visa holders:
- F — Students attending a U.S. university, high school, private elementary school, seminary, conservatory or an academic institution, including language training programs.
- H1B — Nonimmigrants sponsored by an employer to work in the U.S. They are required to have extremely specialized knowledge of the position or field and hold at least a bachelor’s degree.
- H3 and H4.
- J — Exchange visitors approved to participate in a U.S. program.
- K1, K2 and K3 — Immigrants engaged to an American (K1), unmarried children under 21 of a K1 holder (K2) and foreign spouses of an American citizen (K3).
- M — Students attending a vocational or other recognized nonacademic institution.
- Q — Employer-sponsored immigrant attending an approved international cultural exchange program.
- R1 and R2 — Workers of a nonprofit religious organization (R1) and their dependents.
- S — People assisting American law enforcement as witnesses or informants for criminal or terrorist organizations.
- T — Human trafficking victims.
- U — Victims of certain crimes that either happened in the U.S., or violated U.S. laws.
Lawsuits challenge validity of the vetting rule
At least two lawsuits were filed this year that claim the new process violates plaintiffs’ constitutional rights to free speech.
The Knight First Amendment Institute at Columbia University and Project Democracy filed a lawsuit on March 9, asserting that the policy violated a group of technology researchers’ First Amendment rights. They added that the researchers conduct independent research on the impacts social media companies have on society, which include harms, user safety and public debate.
“The Censorship Policy is also unconstitutionally vague,” according to the lawsuit. “Defendants have declared that they will target those who are ‘complicit in censoring Americans,’ but that phrase provides no fair warning of what speech or conduct the Policy prohibits.”
Ella Rae Greene, Editor In Chief
