Lawyers advise US-based content creators to scrub social media to avoid immigration scrutiny. Photo / Getty Images
Avoid politics.
That’s the advice lawyers are increasingly giving United States-based content creators who aren’t citizens as an immigration crackdown spreads across the country.
“Every chance I get to tell them to scrub their socials even for likes and reposts of innocuous content – like JD Vance or anti-war memes – I do,” said Genie Doi, an immigration lawyer who works with influencers.
In the combative, anything-goes world of digital media, internet personalities tend to gravitate towards hot-button, controversial subjects, not shy away from them.
In the current political climate, lawyers are telling their clients that weighing in on topics like Palestinian rights or the US Immigration and Customs Enforcement raids in Los Angeles, can come with serious risks, including unwanted scrutiny from authorities or unfriendly competitors.
Last month, Khaby Lame, a Senegalese-Italian influencer with millions of followers on TikTok, was detained by immigration agents in Las Vegas after overstaying the terms of his visa, according to a Department of Homeland Security senior official.
Lame, who has partnered with many mainstream brands, including Pepsi and Hugo Boss, has since voluntarily left the country.
Afterwards, Bo Loudon, a conservative influencer who is friends with US President Donald Trump’s son Barron, took credit for tipping off DHS.
Even though Lame typically doesn’t speak in his TikTok videos, which come across as entirely apolitical, Loudon has since described him as a “far-left influencer”. Lame didn’t respond to a request for comment.
“No one is above the law!” Loudon wrote on X.
For many social-media personalities around the world, the US is a desirable place to work because of the big marketing budgets of US brands, as well as the proximity to dealmakers and casting directors in Hollywood.
However, for anyone with a large following on social media, coming into the US these days isn’t without potential hazards.
In May, Hasan Piker, a popular, far-left political commentator and US citizen, was stopped and questioned by US border agents at Chicago’s O’Hare International Airport about his views on Palestine, which he regularly shares on Amazon.com Inc.’s livestreaming site Twitch.
In an interview with Bloomberg News, Piker said he believes DHS interrogated him to send a message to others in his position.
“The goal was to threaten people who might also want to speak out and go to protests regardless of their citizenship status,” he said.
“It’s a threatening environment they want to cultivate to stop people from exercising their First Amendment rights.”
“Our officers are following the law, not agendas,” DHS Assistant Secretary for Public Affairs Tricia McLaughlin responded via email.
“Upon entering the country, this individual [Hasan Piker] was referred for further inspection – a routine, lawful process that occurs daily, and can apply for any traveller. Once his inspection was complete, he was promptly released.”
Earlier this year, US Customs and Border Protection revoked Piker’s Global Entry privileges – a programme in which approved individuals get expedited clearance on their return to the US.
Doi is now advising clients who aren’t US citizens to avoid international travel altogether.
At ports of entry, CBP has broad authority to search and seize electronic devices of incoming travellers though the agency says that fewer than 0.01% of all international travellers were subject to such searches last year.
“Every entry at the border is an opportunity for CBP to inspect your electronics without a warrant,” Doi said.
One in five Americans get their news from influencers, according to a 2024 Pew Research survey, with 27% of news influencers identifying as conservative or pro-Trump, versus 21% as left-leaning.
So far in his second term, Trump has directed most of his attacks on the media at mainstream outlets, ranging from CNN and CBS News to the New York Times – all of which have fulltime legal departments poised to respond to such threats.
By contrast, even the most popular online creators tend to have much slimmer operations, potentially leaving them more vulnerable to aggressive legal tactics.
David Rugendorf, an immigration lawyer, said he now advises content creators, regardless of their citizenship status, that anything they have ever posted online could be used against them.
As a result, he said, some are opting to delete old posts.
“This government,” Rugendorf said, “is particularly attuned to the power of social media” and “wants to counter” certain positions.
In early June, Derek Guy, a fashion critic whose popularity has soared on social media for mocking the sartorial choices of conservative politicians, revealed his own status as a longtime, undocumented resident of the US.
“The lack of legal immigration has totally shaped my life,” he wrote on X, where he has more than a million followers. “It has taken an emotional toll, as this legal issue hangs over your head like a black cloud.”
Afterwards, some conservatives suggested online that the Trump Administration should kick Guy out of the country. Before long, Vance weighed in on X, posting a meme of the actor Jack Nicholson nodding his head up and down menacingly. Guy didn’t respond to requests for comment for this story.
In mid-June, Mario Guevara, an independent, Spanish-speaking journalist with a sizeable online following, was arrested while livestreaming anti-Trump protests outside Atlanta.
He was subsequently handed over to ICE. Guevara, who moved to the US from El Salvador in 2004 according to the New Yorker, is currently facing deportation hearings.
The Committee to Protect Journalists has said that Guevara “has authorisation to work” in the US. DHS said that he entered the country illegally. Guevara’s lawyer didn’t respond to a request for comment.
“Following his arrest by local authorities, ICE placed a detainer on him,” DHS’s McLaughlin said. “Following his release, he was turned over to ICE custody and has been placed in removal proceedings.”
Scrutiny from immigration authorities isn’t the only potential risk for politically outspoken influencers.
In recent years, a growing number of large advertisers have been shying away from politically active creators, said Crystal Duncan, an executive vice-president of brand engagement at Tinuiti, a marketing firm.
In recent months, many brand managers have grown even more wary.
“In general, brands have been less vocal about political and social issues since the change in administration, given shifts in the political climate and heightened polarisation,” said Jasmine Enberg, principal analyst at eMarketer.
David Melik Telfer, a lawyer in Los Angeles, said that most international influencers come to the US on O1-B visas, under the same category as traditional entertainers.
Lately, he said, the US State Department has been scrutinising applications more closely and challenging them more often.
“They are examining everybody’s social media,” he said. “If your number one priority is not being detained and remaining in the US, I would certainly not attend any protest.”
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