DHS To Start Screening Social Media Activity for Antisemitism

Today USCIS has announced that it will begin considering an applicant’s “antisemitic activity on social media and the physical harassment of Jewish individuals” as a basis to deny immigration benefit requests. According to its notice, this policy is in effect immediately, and will impact individuals “applying for lawful permanent resident status, foreign students and aliens affiliated with educational institutions linked to antisemitic activity.” USCIS stated that it will evaluate any social media content that indicates the endorsement or support of “antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity” and will consider such activity as a negative factor in its discretionary analysis when adjudicating immigration benefit requests.

Despite concerns over 1st amendment rights to freedom of speech, we have already seen DHS view such activity broadly and use it as a basis for the detention and removal of F-1 visa students (e.g. for writing opinion pieces) and Lawful Permanent Residents / green card holders (e.g. for negotiating on behalf of pro-Palestinian students) under foreign policy and national security grounds.

How will this new policy affect TN visa applicants? For many years U.S. immigration officers have already been reviewing an applicant’s online content to evaluate the merits of a TN visa application, e.g. to assess:

• Whether the proposed employer is a bona fide business or one that would have need for a TN visa worker in the applicable occupational category;

• If the position offered described in the applicant’s support letter is consistent with job postings found online;

• Whether the proposed role is consistent with an applicant’s prior experience as described in their LinkedIn profile;

• If an applicant has worked without authorization during a prior B-1/B-2 visa visit to the U.S. (e.g. LinkedIn profile suggesting employment in the U.S. during that period); or

• If the applicant is working in a position that conflicts with information provided in a prior TN application (e.g. LinkedIn profile showing undisclosed executive-level job title for the position).

The review of social media for alleged antisemitic activity will be another area of review that visa and green card applicants will need to be mindful of, e.g. individuals seeking TN visa status via I-129 petitions filed with USCIS, or TN visa workers pursuing green cards by filing form I-485 applications for Adjustment of Status. What remains to be seen is the method in which USCIS will collect this activity. USCIS is already in the process of preparing a form or setting the stage to revise other forms (get ready for new versions of the I-129 and I-485 - again!) in order to collect an applicant’s social media platform names. Will USCIS be using AI to crawl social media platforms searching for an applicant’s activity?

Additionally, will we see USCBP use such activity to deny TN applications filed at the U.S. port-of-entry? (Probably, since they are already using it to deny or detain other travelers.) And we will see the same from the U.S. Department of State with TN DS-160 applications filed at the U.S. Embassy/Consulate? (Probably, they already collecting social media info. from applicants.)