What we do know is a proposal to seek 5 years of social media history from certain visitors
As part of the ongoing crackdown on US borders, the Trump administration is now considering imposing tougher entry requirements on citizens of other visa-exonci countries.
Beefed-up rules proposed by US customs and border protection In part, in part, they want visitors from those countries to submit five years of communications information.
The proposal currently has a “comment period,” meaning the public has 60 days to comment on it.
Earlier this month the US suspended all immigration applications from 19 “high-risk countries of concern.”
Here’s a look at what the new proposals could mean for travelers looking to the US — including a small number of Canadians who could be affected.
Which countries are affected?
The new proposal, published on Wednesday in the Federal Registrar, will apply to travelers from more than a dozen countries that are part of Visa Waiver Program (vwp), who submits their information to the electronic travel authorization (esta) system if they want to visit the US
These countries include nations that have traditionally threatened the US, such as Australia, France, Germany, Israel, Japan, South Korea and the United Kingdom.
The VWP was created to make it easier for citizens of these countries, who are considered low risk, to enter the US for tourism or business for up to 90 days without a visa.
Low-risk designations were made, in part, for citizens of these historically low-incidence countries.
Also, these countries share law enforcement information with the US, meaning their citizens can be screened for criminal activity.
A proposed change in US immigration rules would require some visitors to submit five years of social media history, names and addresses of family members, and biometrics such as DNA. While this does not apply to those using Canadian passports, it does apply to travelers from 42 countries.
An ESTA application, completed online, is required before a person can board a plane or ship in the US or cross a border.
The application requires information such as passport details, home address and email, phone number and emergency contact. Travelers may also be asked questions regarding communicable diseases, arrests and convictions for certain crimes, and past history of visa cancellations or deportations, according to the VISA website.
An approved ESTA application is usually valid for two years.
What new requirements are proposed?
US customs and border protection proposes to cut tHe Esta website and replace the application.
People from these countries who plan to visit the US would be asked to provide five years of their social history; Email addresses used in the last 10 years; Telephone numbers used in the last five years; And information about family members, including their addresses and phone numbers.
“So, it’s the only information that flies in the face of Esta’s wind,” said Rosanna Berardi, a migration lawyer based in Buffalo.
No details were given on how people would submit their social media history.
What will border officials want?
Berardi said that everything is recognized at this point but, based on the current rhetoric, border officials will probably look for anti-American sentiments or people involved in anti-American groups.
Brian Hunt, counsel at the US-based Fraud Law Firm, said they will be using AI tools to scan social media accounts for specific keywords.
“There have been some recent programs where they look at social media … and talk about it [posts] Supporting terrorism, supporting ancient violence, Hunt said.
For example, US citizenship services now consider whether an applicant for benefits, such as a green card, “allowed, promoted, or supported views” of anti-American, or otherwise.
Could that include the President’s post?
Hunt said there is no legal provision that would allow border officials to deny entry if they were critical of US President Donald Trump on social media.
“They could try some kind of reasonable denial, but the truth is the courts wouldn’t stand for that,” he said.
“They cannot deport a person, deny them entry, deny them a visa, without giving a reason. And the reason must be in accordance with the law.”
But Beraradi said applicants should be aware that there is no right of access to US media information..
“The US Constitution and the Supreme Court are very clear about that. The first amendment right only applies to people physically present in the US,” he said.
Are any Canadians affected?
Berardi said 99.9 per cent of Canadians will not be affected by the proposed changes.
Canadians are not part of VWP, does not need to apply for ESTA to visit the US, and most just need to show their passport.
However, there are There are two types of visa categories used by Canadians, Berardi said.
The other is called the themeor visa, which requires Canadians to go to the US Embassy for an interview, “but they’ve been doing that at the visa appointment level for years now, so it’s not a big change,” he said.
The other category is the K-1 Fiancé (e) visa, he said, where permanent plans to marry a US citizen must do so within 90 days of entering the country.
“But most Canadians, they still show your passport again,” he said.
