The U.S. government wants to know more about the online life of foreign travelers entering the U.S. through the Visa Waiver Program (VWP). Many groups, including the American Immigration Lawyers Association (AILA) to which I belong, have objected.
Here’s the background. Foreign nationals from 38 countries, mostly European, can come to the U.S. for up to 90 days without applying for a visa in advance. They have to meet certain requirements, including applying in advance of their trip through the U.S. government’s web-based Electronic System for Travel Authorization (ESTA). Click here for more details on the VWP. Like all foreign nationals entering the U.S., they’ll still be questioned by the government’s Customs and Border Patrol (CBP) officer at the airport or port, and CBP can refuse them entry. It happens.
In December 2015 the U.S. added additional VWP requirements. For instance, even if a traveler is a citizen of one of the 38 VWP countries, they can’t use the program if they’re also a national of Iraq, Iran, Syria, or Sudan. They can still apply for a visa from their country and enter the U.S. if a visa is approved. Now the government is proposing a new optional question on the ESTA form requesting “social media identifiers to be used for vetting purposes.” This means the applicant’s online posts can be scoured for contacts, posts, friends and more, on Twitter, Instagram, Facebook, LinkedIn and other social media sites. While it’s optional, observers think the government may not look kindly on those who choose not to answer.
The objectors argue this is an invasion of privacy, would lead to a significant expansion of intelligence activity, create unnecessary risks of misuse, and would be ineffective and expensive. When terrorist hysteria fills our TV screens and politicians use fear to win votes, it’s easy to go overboard on security . We need to scrutinize those seeking to enter the U.S. but let’s use common sense and remember what our country is all about. You can read more about the outrage over this proposal here.
