Senators Edward Markey (D-MA) and Ron Wyden (D-OR) sent a sharply worded letter on February 13 to U.S. Customs and Border Protection (CBP) Commissioner Rodney Scott condemning a proposed rule that would require visitors entering under the Visa Waiver Program (VWP) to submit five years of social-media history. The lawmakers argue the policy would chill free speech, invite profiling and saddle overstretched CBP officers with unmanageable troves of personal data.
The draft regulation, quietly posted on the Federal Register portal last month, expands existing optional social-media questions on ESTA applications into a mandatory disclosure covering handles, posts and direct messages. Business groups fear the rule could deter executives from key trading partners—especially in Europe and Japan—who value the 90-day visa-free entry for urgent meetings and short-term projects.
Privacy advocates note that CBP lacks a clear framework for storing, securing or deleting the information, raising compliance risks under the EU-U.S. Data Privacy Framework. They also question the operational value of trawling millions of posts when algorithmic false positives could slow arrivals at major U.S. gateways.
![Senators Markey and Wyden Urge CBP to Drop Plan for Social-Media Vetting of Visa-Waiver Travelers]()
For individual travelers and corporate mobility managers seeking expert support to stay compliant with changing U.S. entry rules, services such as VisaHQ offer real-time guidance, document checklists and application processing. Their U.S. portal (https://www.visahq.com/united-states/) centralizes updates on ESTA, B-1/B-2 visas and other categories, helping visitors avoid last-minute surprises as policy requirements—like potential social-media disclosures—evolve.
If promulgated, the rule would take effect in late 2026 after a public-comment period. Mobility teams should monitor for final language and be prepared to educate travelers on account audits, alias matching and potential delays at automated passport-control kiosks. Companies with large VWP visitor flows may wish to document business necessity to address any secondary-inspection questions about online political speech.
The senators’ intervention increases political pressure on CBP and could spur additional congressional oversight hearings, leaving the rule’s future uncertain.
The draft regulation, quietly posted on the Federal Register portal last month, expands existing optional social-media questions on ESTA applications into a mandatory disclosure covering handles, posts and direct messages. Business groups fear the rule could deter executives from key trading partners—especially in Europe and Japan—who value the 90-day visa-free entry for urgent meetings and short-term projects.
Privacy advocates note that CBP lacks a clear framework for storing, securing or deleting the information, raising compliance risks under the EU-U.S. Data Privacy Framework. They also question the operational value of trawling millions of posts when algorithmic false positives could slow arrivals at major U.S. gateways.
For individual travelers and corporate mobility managers seeking expert support to stay compliant with changing U.S. entry rules, services such as VisaHQ offer real-time guidance, document checklists and application processing. Their U.S. portal (https://www.visahq.com/united-states/) centralizes updates on ESTA, B-1/B-2 visas and other categories, helping visitors avoid last-minute surprises as policy requirements—like potential social-media disclosures—evolve.
If promulgated, the rule would take effect in late 2026 after a public-comment period. Mobility teams should monitor for final language and be prepared to educate travelers on account audits, alias matching and potential delays at automated passport-control kiosks. Companies with large VWP visitor flows may wish to document business necessity to address any secondary-inspection questions about online political speech.
The senators’ intervention increases political pressure on CBP and could spur additional congressional oversight hearings, leaving the rule’s future uncertain.
