Applying for a green card or other immigration benefits? You may soon need to provide your social media details on your application.

In a notice published in the Federal Register on March 5, 2025, the U.S. Department of Homeland Security (DHS) announced plans to require social media identifiers ("handles") on nine immigration forms. This change is part of Executive Order 14161, Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats, signed by President Trump on January 20, 2025. The order directs federal agencies to enhance immigration screening and vetting procedures, reinstating some policies from the previous Trump administration and mandating a security review of visa and immigration policies.

What This Means for Immigrants

USCIS will collect social media handles but not passwords. This information will be used to verify applicants' identities and assess security or public safety risks.

Forms Affected by the Requirement

The new requirement applies to nine immigration forms, including:

• N-400 (Application for Naturalization)

• I-131 (Application for Travel Document)

• I-192 (Application for Advance Permission to Enter as a Nonimmigrant)

• I-485 (Application for Adjustment of Status)

• I-589 (Application for Asylum and for Withholding of Removal)

• I-590 (Registration for Classification as Refugee)

• I-730 (Refugee/Asylee Relative Petition)

• I-751 (Petition to Remove Conditions on Residence)

• I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status)

USCIS estimates that over 3.5 million applicants annually will be affected. The public has 60 days to submit comments on the proposal via the Federal eRulemaking Portal before DHS finalizes the rule.

Social Media Monitoring in Immigration Applications

USCIS has monitored social media for years to detect fraud and assess risks in visa, green card, and citizenship applications. Key developments include:

• 2016: USCIS created a Social Media Division within its Fraud Detection and National Security Directorate.

• 2017: The Trump administration introduced “extreme vetting,” expanding social media checks for visa applicants.

• 2019: The Department of State made social media disclosure mandatory for visa applicants.

• 2021: The scope expanded to include international platforms from China and Russia.

• 2025: Executive Order 14161 formally expands social media data collection to nine immigration forms.

Concerns Over Privacy and Government Overreach

This policy has sparked debates over surveillance and data privacy. Legal experts warn of potential constitutional violations:

• First Amendment (Free Speech & Expression): Misinterpretation of social media posts could infringe on freedom of speech and association.

• Fourth Amendment (Privacy & Protection Against Unreasonable Searches): Indefinite retention of data in immigration files (A-Files) raises concerns about perpetual surveillance.

• Due Process & Fairness: Without clear guidelines, arbitrary enforcement could disproportionately impact vulnerable immigrant groups.

“Given its potential to chill free speech and disproportionately impact certain groups, this policy demands strict judicial oversight, transparency, and due process safeguards,” said Sindhuja Kashyap, partner at King Stubb & Kasiva, Advocates and Attorneys.

Impact on Applicants

Immigrants, like all others, may face heightened scrutiny of their online activities.  USCIS officers monitor social media for:

• Fraud detection (Discrepancies between online activity and application details)

• Security threats (Links to extremist organizations or threats to public safety)

• Relationship verification (Authenticity of family-based immigration applications)

• Employment verification (Work history and qualifications on LinkedIn and other platforms)

• Identity verification (Ensuring social media details match official documents)

• Character assessment (Posts indicating unlawful activity or poor moral character)

• Immigration violations (Unauthorized employment or visa breaches)

If USCIS identifies discrepancies, applicants may face additional questioning, requests for evidence, or denial of benefits.

How to Protect Yourself

To minimize risks, immigrants should:

• Review privacy settings and limit public visibility of posts.

• Ensure consistency between their social media profiles and immigration documents.

• Avoid content that could be misinterpreted as fraudulent or threatening.

• Keep records of social media activity in case of inquiries from USCIS.

What's Next?

The policy is open for public comment until early May 2025. DHS will review the feedback before deciding on implementation. If adopted, this change will mark a significant expansion of the government's role in digital surveillance within the immigration process.

At Saluja Law, we are closely monitoring this development and its potential impact on immigrants. If you have concerns about your application or need legal guidance, contact our team for expert advice.