US plans to ask visitors, including Kiwis, to disclose 5 years of social media history

The US may require visa waiver visitors to provide up to five years of social media history. Photo / Getty Images

The United States could begin requiring visitors from countries on the visa waiver programme to provide up to five years of their social media history.

There are dozens of countries on the visa waiver programme list, including many European nations, Australia, New Zealand, South Korea, Japan, Brunei, Singapore, Qatar, Israel and Chile.

The US Customs and Border Protection proposal posted to the Federal Register to be officially published on Wednesday (local time), suggests adding social media as a “mandatory data element” for an Electronic System for Travel Authorisation (Esta) application.

Applicants would also have to provide additional information “when feasible”, according to the proposal. The list includes telephone numbers used in the past five years, email addresses used in the past 10 years, IP addresses and metadata from electronically submitted photos, and biometrics, including facial, fingerprint, DNA and iris data.

It would also require applicants to provide information about their family members, including names, telephone numbers, dates of birth, places of birth and residences.

According to CBP, the proposal is open for a 60-day public comment period.

Esta is an automated system used by tourists and people travelling for short-term business who are entering the United States through the visa waiver programme. It allows citizens of select countries to visit for up to 90 consecutive days. The authorisation costs $40 and is generally valid for two years, and the Esta holder can enter multiple times during that period.

Farshad Owji, past president of the American Immigration Lawyers Association and partner at law firm WR Immigration, said the proposal could “chill travel and expression”.

“Basically, people will self-censor, and they avoid coming to the US altogether, and that affects tourism, business and America’s global reputation.”

Owji added that it appeared the Trump administration wanted to use the social media evaluation to “understand the person’s view of general politics around the world”.

“Having the citizenship of an Esta country doesn’t necessarily mean that person has a political view that is aligned with the current administration’s view,” he said.

The proposal also includes removing the option of applying for an Esta from the government website and instead would require applicants to use the Esta Mobile app. CBP estimates that more than 14 million people annually will use the Esta Mobile app after the changes come into effect.

Similar requirements have previously been applied to other visa categories.

All immigrant and non-immigrant visa applicants have been required to disclose their social media accounts since 2019 in a change implemented during the previous Trump administration, covering about 15 million applicants per year, according to an analysis by the Brennan Centre for Justice.

In June, the State Department made it a requirement for student visa applicants to have their social media accounts set to public, and the same requirement soon goes into effect for H-1B high-skilled worker visa applicants.

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