Policy primer: Social media screening proposed for ESTA

The Trump administration may soon require visitors to the United States who do not need visas to open their social media accounts to federal inspection. In addition to raising concerns about privacy and freedom of speech, social media screening could add to the risk of being denied entry, which would also make future travel to the US more difficult. If implemented, the new requirements may well discourage many international researchers from coming to the US to attend conferences and participate in other short-duration professional activities.

What is the proposal?

• Customs and Border Protection (CBP) aims to increase the reporting requirements for Electronic System for Travel Authorization (ESTA) applications to include five years of social media information.
• This proposal responds to a January 20, 2025 executive order that directs the secretary of the Depatment of Homeland Security, which encompasses CBP, to “ensure that all [foreign-born individuals] seeking admission to the United States, or who are already in the United States, are vetted and screened to the maximum degree possible.”
• On December 10, 2025, CBP issued a notice and request for comments on its proposal, which, if finalized, will bring the agency one step closer to implementing these social media requirements. The comment period ended on February 9, 2026.

What is the status of the proposal and when could it go into effect?

• As of March 25, 2026, the social media reporting requirement has not gone into effect.
• After CBP completes its review of the public comments, it will publish a 30-day notice in the Federal Register announcing its intent to submit the enhanced screening requirements to the Office of Management and Budget (OMB). OMB will then evaluate the proposal and either approve or reject it. The estimated time of publication for the 30-day notice is March-April 2026. It has not yet been published as of March 25, 2026.
• Once approved by OMB, CBP can put the new social media requirements into effect. If approved, implementation can be expected in “potentially mid-2026.”
• Similar social media policies have already been implemented for F (student), M (vocational student), J (exchange visitor), H-1B (specialty worker) and H-4 (dependent of specialty worker) visas.

What is ESTA?

• The US has established agreements with over 40 countries to permit their citizens to travel to the US for up to 90 days without a visa. This is called the Visa Waiver Program (VWP).
• Since 2009, these travelers have been required to apply for ESTA and receive approval from CBP prior to their journeys. ESTA approvals can be used for multiple visits and are valid for two years, or until the applicant’s passport expires, whichever is sooner.
• Originally ESTA was only needed for visitors traveling by air or sea. Since 2022, ESTA approval has also been required for land border crossings.
• The VWP has significant advantages for short-term travel compared to cases where visas are required. Processing costs $40 and approval takes up to three days, but it can take mere minutes. B (tourism/business) visas, while effective for 180 days, cost $185 and getting an appointment for the required in-person interview can take over 18 months, depending on the consulate.
• If ESTA is denied and revoked, a traveler can apply again. However, if their circumstances have not changed, the new application will also be denied. It is extremely difficult to be reapproved for ESTA after revocation or denial. Travelers without ESTA must apply for a visa.
• While the ESTA acronym stands for the computer system used to process visa waivers, it is the commonly used name to describe the whole VWP.
• An approved ESTA is not a visa and cannot serve in lieu of a US visa when one is required.

More from AIP

Visa and immigration policy: New restrictions

MAR 03, 2026

Social media screening is one of a series of requirements and restrictions that the Trump administration is placing, or proposing to place, on entry to the US. Learn more in AIP’s policy guide.

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