Digital Vetting Is the New Norm
If you’re applying for a green card, asylum, or even U.S. citizenship, your social media presence could soon become a key part of your application process.
The U.S. government is dramatically expanding its monitoring of immigrants’ social media presence as part of a broader effort to bolster national security and vetting procedures. Under a new proposal published in the Federal Register on March 5, 2025, the Department of Homeland Security (DHS) announced plans to require applicants for various immigration benefits—including green cards, asylum, and citizenship—to provide their social media identifiers (usernames and handles) when submitting immigration forms.
This policy is rooted in Executive Order 14161, signed by President Trump on January 20, 2025, which mandates stricter digital screening measures for all immigration applicants. This move resurrects and expands prior Trump-era vetting practices, explicitly targeting online activity to assess potential security risks.
However, civil rights advocates and immigration lawyers have raised concerns about privacy, surveillance, and freedom of expression.
Which Immigration Forms Will Be Affected?
The new policy will apply to nine immigration forms, impacting more than 3.5 million applications annually
This proposal applies to individuals filing various immigration forms, including green card applications, asylum applications, refugee admissions, and other benefit requests. Affected forms include:
| Form Number | Application Type | Estimated Respondents |
|---|---|---|
| N-400 | Naturalization | 909,700 |
| I-131 | Reentry/Travel Docs | 1,073,059 |
| I-192 | Advance Permission to Enter as Nonimmigrant | 68,050 |
| I-485 | Adjustment of Status | 1,060,585 |
| I-589 | Asylum | 203,379 |
| I-590 | Refugee Application | 106,200 |
| I-730 | Refugee/Asylee Relative Petition | 13,000 |
| I-751 | Remove Conditions (Green Card) | 140,000 |
| I-829 | Remove Conditions (Investor) | 1,010 |
The public has until May 2025 to submit comments on the proposal via the Federal eRulemaking Portal.
Why Is USCIS Doing This?
This new initiative is based on Executive Order 14161, signed on January 20, 2025, titled: “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats.”
It directs DHS, USCIS, and other federal agencies to– requires U.S. immigration agencies to adopt uniform, rigorous vetting standards such as:
- Reinstate and expand vetting policies from the prior Trump administration
- Intensify identity verification procedures
- Identify “digital footprints” that may indicate public safety risks
- Integrate data from international social media platforms (especially from China, Russia, and the Middle East)
- Enhance national security screening processes
📄 Read the Federal Register Notice: DHS Notice on Social Media Collection
USCIS is proposing to collect social media handles used by applicants as part of a broader review of identity and eligibility.
- The data may be used to evaluate:- Identity accuracy
- National security risk
- Grounds of inadmissibility
- Potential threats to public safety
- Verify applicants’ identities
View the Executive Order 14161 – Jan. 20, 2025 (90 FR 8451)
How Will Social Media Data Collection Be Conducted and Used?
USCIS will collect:
- Only social media public usernames or handles
- Names of the social media platform names: Applies to both U.S.-based and international platforms (e.g., Facebook, Twitter/X, TikTok, VK, WeChat)
Important:Applicants will not be asked to provide passwords. The government will only have access to public-facing content (unless they have a warrant)
This information will be used to:
- Inform identity verification and validate the applicant’s identity
- Check for affiliations or statements raising national security or public safety concerns
- Assist in fraud detection and vetting
Important Note: USCIS states that submission of this data will be handled securely and in accordance with privacy protections.
DHS says this data will be stored in Alien Files (A-Files), which are permanent immigration records.
What Happens Next?
After the public comment period ends:
- USCIS and DHS will analyze submitted comments
- A final decision will be made about whether to:
- Adopt the proposal as a final rule
- Modify the rule based on feedback
- Withdraw the proposal entirely
If the proposal becomes final, updated immigration forms will likely include a dedicated section for listing:
- Usernames or handles
- Corresponding social media platforms (e.g., Instagram, X/Twitter, Facebook, TikTok)
Historical Context: This Isn’t the First Time
USCIS has monitored social media for years, with uscis social media monitoring being a key component of their surveillance practices. This latest rule would codify and extend that practice:
- 2016: USCIS created a Social Media Division within its fraud detection unit, which is part of the National Security Directorate
- 2017: Trump administration began “extreme vetting” practices; DHS formalized social media collection for immigrants
- 2019: State Department began requiring social media info on visa applications (Forms DS-160 and DS-260). That change stemmed from Executive Order 13780, signed in March 2017, which focused on “extreme vetting” and was part of broader efforts to block terrorist entry into the U.S.
- 2021: Monitoring expanded to include Chinese and Russian platforms (WeChat, VK)
- 2025: EO 14161 requires direct collection of social media handles on core immigration forms
These earlier efforts focused on collecting past 5-year social media histories.
Given that the current proposal continues this vetting approach under a second Trump administration, many legal analysts anticipate this new USCIS rule will likely be finalized and enforced.
📄 Read EO 13780: “Protecting the Nation from Foreign Terrorist Entry”
More on Why USCIS Collects Social Media Data
The stated purposes include:
- Identity Verification: Confirming applicants are who they claim to be
- Fraud Detection: Comparing social media data with application details
- Relationship Validation: Reviewing couples’ social media to confirm bona fide relationships
- Security Screening: Identifying connections to extremist or criminal groups
- Character Evaluation: Looking for behavior indicating moral failings or unlawful conduct
- Immigration Status Checks: Spotting unauthorized work or overstay admissions
Social media content may be cited in interviews, Requests for Evidence (RFEs), or as grounds for denial.
What Posts Could Raise Red Flags?
Immigration officers are particularly alert to:
- Posts showing drug use, criminal behavior, or violence
- Contradictions between your social media presence and application details, including potential immigration violations
- Support for extremist ideologies or terrorist organizations
- Relationship inconsistencies—e.g., married on paper but not online
- Unauthorized employment posts (LinkedIn updates, freelance gigs)
- Jokes or sarcasm involving threats to the U.S., which could be seen as a public safety threat
- Profanity-laced posts targeting USCIS or U.S. officials
Even deleted posts or private group messages could be archived and accessed through third-party means.
Legal Privacy Protections Are Limited
Immigrants have minimal legal protection when it comes to social media surveillance, raising concerns about government overreach:
- Immigration authorities have no comprehensive federal law restricting their use of public social media content
- FTC: Can only act if companies breach their privacy policies
- DHS has broad authority to collect and retain publicly available posts
- States like California, Colorado, and Virginia offer stronger privacy rights—but not for immigration vetting
- USCIS is not required to notify applicants when social media is reviewed
USCIS generally cannot access private messages without a warrant, but anything public is fair game.
Civil Liberties Risks: National Security Implications
- The policy could chill free expression on social media platforms.
- Individuals may be afraid to express personal, religious, or political views.
- There are questions about how DHS will analyze language, sarcasm, or cultural context.
- Freedom of Expression (First Amendment): Will applicants self-censor or be penalized for past political or religious posts? Posts taken out of context could lead to unjustified suspicion or benefit denials.
- Possibility of bias: Cultural misunderstandings and language barriers could lead to misinterpretation
- Right to Privacy (Fourth Amendment) Permanently storing online data in A-files raises concerns about surveillance overreach and public safety screening.
- Due Process (Fifth Amendment) Vague guidelines could lead to arbitrary enforcement, particularly against vulnerable populations:
- Muslim immigrants
- Political activists
- LGBTQ+ individuals
- Journalists and dissidents
Other Concerns raised by advocacy organizations include:
- Lack of transparency around review criteria
- Chilling effect on political and religious speech
- Bias in algorithmic or manual review of social media posts
- Relationship verification processes could be misapplied, leading to unjustified suspicion or benefit denials
Civil rights groups such as the Electronic Privacy Information Center (EPIC) and Center for Democracy & Technology (CDT) are closely
More on constitutional concerns: ACLU on Immigration Surveillance
Lack of Clarity:
- USCIS has not provided detailed rules on how handles will be reviewed, flagged, or adjudicated.
- Vagueness in Review Standards: USCIS has not clarified how social media content will be evaluated or what constitutes a red flag.
- Risk of Misinterpretation: Language differences, cultural context, sarcasm, or reposts could be misread and misunderstood by screeners.
- There is no list of which platforms are required (Facebook, TikTok, Reddit, etc.).
Other Concerns
The expansion of social media surveillance raises several issues:
- Mass data collection: Millions of records could be stored and reviewed indefinitely
- Lack of legal safeguards: U.S. privacy laws offer little protection for immigration applicants
- Long-term storage: DHS retains social media data even after applicants naturalize
- Information collection systems: USCIS’s initiative to gather social media information from applicants for immigration benefits is part of a directive under Executive Order 14161 to establish uniform vetting standards and enhance identity verification and national security screening
USCIS states that only publicly available posts are reviewed, but this includes content that was once public and later deleted or made private. This data collection is part of a rigorous vetting process to determine eligibility for immigration related benefits and to screen for any grounds of inadmissibility based on an applicant’s social media presence.
Groups such as the ACLU and Electronic Frontier Foundation (EFF) have expressed concern over similar DHS surveillance efforts in the past.
Key Points to Consider:
- USCIS will only access public profiles unless already granted legal access through other channels.
- This could raise concerns over freedom of expression, online privacy, and potential misinterpretation of content.
- Applicants may feel pressured to sanitize or delete content from their accounts to avoid scrutiny.
- Immigration attorneys are already advising clients to audit their online presence.
How Immigrants Can Protect Themselves
To avoid unnecessary delays or scrutiny:
- Review all social media accounts before applying, as the government may collect social media handles to verify identities and assess potential security risks
- Set posts to private where possible
- Ensure consistency between immigration forms and online profiles
- Do not delete accounts after submitting — it may raise red flags
- Save screenshots of your online activity in case you’re asked to explain
- Make your profiles private wherever possible
- Remove outdated or inaccurate content
- Avoid political rants or controversial humor
- Be truthful and consistent across all platforms
- Keep screenshots of all major profile content
- Consider creating a professional-only account
- Separate personal and professional accounts
- Audit your digital footprint before filing
- Never joke about fraud or threats—even in slang
- Be prepared for employment verification by ensuring your work history and qualifications are accurately represented on platforms like LinkedIn
💡 Pro Tip: Consider consulting an immigration attorney before submitting applications involving sensitive digital history.
What Social Media Content Could Raise Red Flags?
SCIS may look for:
- Inconsistencies between social media and immigration forms
- Signs of unauthorized work or travel
- Suspicious associations or posts
- Sarcastic or humorous statements misunderstood as threats
- Activity that contradicts relationship claims or visa status
Officers may use concerning content to:
- Request interviews or documentation
- Issue Requests for Evidence (RFEs)
- Deny applications outright
Special Tips by Application Type
For Family-Based Applicants:
- Ensure relationship info is consistent across platforms
- Avoid interactions that suggest infidelity
- Don’t use dating apps while applying
- For family based immigration applications: Make sure posts show consistency with your relationship
For Employment-Based Applicants:
- Match LinkedIn work history with I-140 or PERM application
- Don’t advertise unauthorized side hustles
- Make sure listed skills reflect your petition
FAQ on Proposed Rule by USCIS/DHS to Update Immigration Forms to Require Disclosure of SOcial Media Handles
What is the new USCIS/DHS rule regarding social media disclosure?The Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), has proposed a rule to revise several immigration forms to require applicants to disclose their social media usernames or handles used within the past five years. This proposed new collection is intended to enhance security screening as part of implementing Executive Order 14161: “Protecting the United States from Foreign Terrorist Entry.”
Which immigration forms are affected by this proposed rule?The proposed rule affects at least nine USCIS forms, including applications for:
- Adjustment of status (Form I-485)
- Naturalization (Form N-400)
- Work permits (Form I-765)
- Advance parole (Form I-131)
- Refugee and asylum benefits (Form I-589, Form I-730)
- Nonimmigrant benefits (potentially including Form I-539 and Form DS-160 used at consulates)
What types of social media information must be disclosed?Applicants would be required to disclose:
- Usernames and handles used on selected social media platforms
- No passwords or private access credentials
- No obligation to disclose anonymous or inactive accounts unless tied to the applicant’s identity
What platforms does USCIS consider relevant?USCIS lists a range of platforms that have been used in past vetting procedures, such as:
- Twitter/X
- YouTube
- TikTok
- Telegram
- Others may be added depending on global usage trends
How far back do applicants have to report their social media handles?Applicants are required to provide a five-year history of their social media use, even if they no longer use a platform.
What happens if an applicant forgets to disclose a social media handle?Failure to fully disclose could result in:
- Delays or Requests for Evidence (RFEs)
- Denial of the benefit for misrepresentation or incomplete application
- Potential allegations of fraud if the omission is considered intentional
Can USCIS deny an application based on something posted on social media?Yes. Under the proposed rule, posts interpreted as supporting violence, terrorism, or hate speech, or expressing ideological or political views considered contrary to U.S. interests, could be used to:
- Deny a green card or visa
- Revoke or refuse renewal of a benefit
- Initiate removal proceedings
Will this rule apply to U.S. citizens applying for benefits or petitions?No. The rule targets noncitizen applicants. However, U.S. citizen sponsors may have their social media reviewed as part of family-based petitions or background checks, especially in fraud detection contexts.
Does this rule violate the First Amendment?This is a highly contested issue. While DHS says it does not restrict free speech, advocacy groups argue that monitoring political, religious, or social expression chills free expression and may disproportionately target specific communities, including Muslims, Palestinians, and political activists.
Can posts in other languages be misinterpreted by USCIS or DHS?Yes. Posts made in non-English languages could be misunderstood or mistranslated, especially when taken out of context. Applicants may have limited recourse if denied based on such content.
Are private or deleted posts included?The government typically only accesses public-facing content. However, some social media platforms retain metadata or archive content, and DHS collaborates with other agencies that may use investigative tools or AI software to piece together deleted or obscured content.
Can I submit explanations or clarifications about my social media posts?Not initially. The form update does not currently include space for explanations. However, if USCIS issues an RFE or Notice of Intent to Deny (NOID) based on a post, you may submit clarifying statements or affidavits.
Is this social media data stored permanently?USCIS is required to store immigration records, including application data, for extended periods—potentially decades. Social media handles and activity could become part of a permanent government record, even after naturalization.
Will social media surveillance apply to children?Yes. If minors are applicants or beneficiaries (e.g., on family-based green cards), they may be required to disclose social media usage if DHS determines that their online activity is relevant to screening.
Can DHS access my private messages or group chats?No passwords are requested, and private messaging is not officially included in the scope of collection. However, if your content is shared in public or semi-public groups, DHS may review it.
Are refugee or asylum applicants included in this requirement?Yes. Asylum seekers and refugees are among the groups expected to disclose their social media activity. This has sparked concern among legal advocates who fear retraumatization or unjust scrutiny of anti-regime posts made from exile.
Can USCIS interpret satire or jokes as serious threats?Yes. Without context, sarcasm, satire, or jokes (especially about violence or political topics) can be misread. There are no specific safeguards to distinguish between humorous and threatening content unless the applicant is given a chance to explain.
Will USCIS use AI to analyze social media data?Potentially. DHS has invested in machine learning, artificial intelligence, and social media analytics to detect patterns, keywords, and potential red flags, but the full scope is not publicly disclosed.
What are the risks for activists or political dissidents?Applicants who have shared posts critical of governments, including the U.S., or who have supported controversial causes or movements, may be flagged. There is growing concern that activism, anti-genocide protests, or pro-Palestinian speech may be misinterpreted as national security threats.
Can I delete my social media accounts before applying?You can, but USCIS still asks for historical handles used within the past five years, even if the accounts no longer exist.
Will USCIS notify me if social media content affects my case?Not necessarily. In many cases, decisions citing national security or public safety grounds are made without full disclosure of the evidence, especially if sourced from intelligence databases.
What legal remedies do I have if I am denied based on social media content?You may:
- File an appeal or motion to reopen/reconsider
- Submit evidence rebutting the allegations
- Request FOIA records to find out what content was used
- Sue the government if you believe your rights were violated
Are there legal challenges to this policy?Yes. Civil rights groups such as the ACLU and Electronic Frontier Foundation have challenged similar vetting programs in the past, arguing they are overbroad, discriminatory, and lack due process protections.
How can I protect myself when applying for immigration benefits?
- Review your social media history for the last five years
- Avoid political commentary if concerned about scrutiny
- Limit public access to posts or switch to private settings
- Consult an immigration attorney if you believe past content could raise concerns
To stay updated on this policy and to view or comment on the proposed rule:Visit the Federal Register Docket on Social Media Collection and search for “USCIS social media identifiers” or “DHS social media surveillance.”
Conclusion: Digital Vetting is the New Normal
The expansion of digital surveillance in immigration cases reflects a broader national security shift under Trump’s 2025 executive orders. If implemented, this policy could significantly alter how green card, asylum, and naturalization cases are reviewed—making your online presence a potential deciding factor.
Need Help Navigating Social Media Risks in Immigration? Consult Attorney Richard Herman
If you’re applying for immigration benefits and worried about how your social media presence might be interpreted:
Schedule a consultation with Attorney Richard Herman and the Herman Legal Group.
With decades of experience in immigration law, they can help you:
- Understand what DHS and USCIS look for online
- Prepare and review social media history for red flags
- Defend your free speech rights and digital privacy
- Respond to RFEs or NOIDs involving online content
Why Choose Richard Herman?
- Over 30 years of experience in U.S. immigration law
- Deep understanding of DHS vetting policies
- Nationally recognized advocate for immigrant rights
- Personalized guidance for green card, asylum, and visa applicants
Schedule a confidential consultation:
📞 Call now at 216-696-6170
💬 Online Scheduling a Consultation or Call 1-216-696-6170
Downloadable Resources:
- USCIS Social Media Vetting Guide (PDF)
- DHS Notice on Social Media Data Collection
- ACLU Guide to Surveillance and Immigration
