In the latest in the slew of controversial and restrictive immigration provisions put in place by the Trump administration, the US State Department announced this week that nonimmigrant visa forms had been updated to require “most” visa applicants to provide information about “their social media handles along with other information” going back five years. In a diffident statement to The New York Times, the State Department played down the potential impact of the new requirement, saying: “We already request certain contact information, travel history, family member information, and previous addresses from all visa applicants.” The new screening requirements, officials added, were put in place to “protect US citizens.”
Both premises, that the demand for social media information is not more intrusive than other existing provisions and that it is required to protect American citizens, are questionable at best.
When applicants fill out a visa application for a nonimmigrant visa to the United States, one of the primary things they must provide is evidence that they do not intend to overstay their visas. Section 214(b) of the Immigration and Nationality Act (8 USCS 1184(b)) states: “Every alien … shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status.” In plain language, this means that in the process of applying for a visa, the presumption is against the applicant, who must prove to the satisfaction of the consular officer that he or she will not come to the United States and never leave.
Sharing five years of social media posts, likes, retweets and other information is likely to make it even harder for nonimmigrant visa applicants to satisfy the requirements. When considered against the legal requirements, these measures seem designed to provide consular officers more reasons to reject those applying for nonimmigrant visas. This is a particular problem, given the fact that the consular officer has total discretion and those whose applications are denied cannot appeal the decision.