The United States Customs and Border Protection published
yesterday in the Federal
Register a series of proposed changes to its current entry and exit protocols
for foreign nationals. They include new requirements for business travelers and
tourists entering the U.S. from Visa Waiver Program countries to submit five
years of social media identifiers through the Electronic System for Travel Authorization, which would allow CBP access to five years of social posts.
The proposed new requirement comes after travel risk
management advisors earlier this year flagged social media as an
area that was ripe for review during the immigration process and cited European
Union officials using “burner phones” to “avoid issues of free speech” when
passing through border patrol at U.S. airports.
Requiring a foreign national to submit five years of social
media history upfront during the ESTA process would shift such an inspection to
a pre-travel approval, potentially preventing or delaying individuals engaging
in derogatory statements about the U.S. or its government in their social media
accounts from receiving authorization to travel into the country.
The social media requirement rides along with several other expanded
information fields that CBP wants to impose on international business travelers
and tourists. Other fields would include up to five years of prior telephone
numbers and addresses for the ESTA applicant, IP addresses, and broadly
expanded information about immediate family members like dates and places of
birth, residences and telephone numbers going 10 years. It also calls for the
current ESTA website forms to be phased out in favor of a fully mobile
app-based protocol.
The CBP proposal is open for public comment for the next 60
days.
According to the documentation on the Federal Register, the
additional information is required to meet the standards required by an
executive order that President Donald Trump signed in January to increase
vetting of international visitors to protect the U.S. “from foreign terrorists
and other national security and public safety threats.”
If finalized, the requirements could have implications for many
international travelers, beyond the increased time it takes to fill out the
request for authorization, which Erickson Immigration Group estimated would
increase to 22 minutes.
Immigration law firm Fragomen wrote on its website about the
proposed requirements:
“ESTA applicants should be aware that if these changes are
finalized, they would be asked for a higher level of personal detail in future
applications and become subject to a social media review by CBP. The increase
in data collection could also mean that ESTA applicants would face an increased
likelihood of being flagged for closer scrutiny and/or would experience longer
waits for ESTA approval.”
Both firms wrote that they were closely monitoring the
developments around the proposed changes.
Another Deterrent for U.S. Travel?
The U.S. Travel Association in October estimated arrivals of
international visitors would reach 67.9 million in 2025. That’s down from from
72.4 million in 2024, and a $12.5 billion decline in travel revenue. The association
cited stricter entry rules and “America First” policies for the decline.
USTA predicted arriving international visitors numbers would
jump back up in 2026 by 3.7 percent and continue its upward trajectory with a
number of global events scheduled to take place in the U.S. over the next 36
months, headlined by the FIFA World Cup, America 250 and the 2028 Olympics.
Just last month, the U.S. Travel Association called out a proposed bill that
would restore funding to Brand USA, the country’s destination marketing organization,
that promotes travel to the U.S. to nations across the globe.
“We have a once-in-a-generation opportunity to welcome the
world—through the World Cup, America 250 and the Olympics,” USTA CEO Geoff
Freeman said in a statement.
How such expanded ESTA requirements might impact the country’s
ability to draw in visitors is not clear, but according to U.S. Travel, the
country has seen the impact of other, similar moves. The association in October
called out the potential risks to its sunnier travel forecasts for 2026: … “the
U.S. risks further decreasing international inbound visits based on potential
increases in visa fees, extended wait times for visa applications and renewals,
and negative sentiment towards the U.S. in key markets.”
Several countries, including Ireland, the Netherlands,
Denmark, the United Kingdom, Germany, Finland and Canada, previously this year issued
travel warnings about the U.S. Canadian travelers, specifically, have avoided
the U.S. in a boycott. Some businesses, as well, have reported reduced travel
to the U.S.
Significant changes in the information required to travel into
the U.S.—especially information that could be seen as an invasion of free
speech—are unlikely to further tourism or business travel.