The State Department now requires certain immigrants and visa holders to surrender access to their social media accounts and make all profiles public before entering the United States, a policy that took effect Monday and has triggered constitutional challenges.

New Vetting Requirements Target Visa Holders

The expanded policy affects applicants for more than 15 visa categories, including work visas, student visas, and family-based immigration. All applicants must adjust privacy settings on social media profiles to public or open access. The State Department claims this enhanced screening helps officials determine whether applicants pose security threats or have provided truthful information on visa applications. The department has not defined what constitutes a threat to national security under these new standards.

The policy covers workers sponsored by employers holding specialized knowledge positions, students attending American universities and vocational schools, exchange program participants, and spouses of American citizens. Religious workers, crime victims cooperating with law enforcement, and domestic employees of foreign diplomats must also comply. Minor children and spouses of visa holders fall under the same requirements, expanding the rule’s reach to family members who previously faced less scrutiny.

Privacy Advocates Challenge Constitutional Violations

The Brennan Center for Justice raised concerns on February 18 that the rule mandates visa holders and applicants list all social media accounts held in the past five years, whether professional or personal. The organization stated that long-term retention and sharing of these handles violates federal privacy law and enables continuous surveillance of millions of people in the United States with minimal oversight protecting privacy and civil liberties. Immigration and privacy activists have condemned the policy since its December proposal, arguing it threatens freedom of speech and privacy rights.

Legal Battles Mount Against Surveillance Policy

At least two lawsuits filed this year claim the new process violates constitutional rights to free speech. The Knight First Amendment Institute at Columbia University and Project Democracy filed a lawsuit on March 9 challenging the policy. Several organizations have supported the rule, stating it protects Americans and ensures visitors do not engage in activities contrary to national interest. The policy may result in people being turned away at the border or having visa applications denied for non-compliance. The State Department announced Monday that reviews were already required of certain immigrants but confirmed the expansion now includes additional visa holders and their dependents.