US border proposes rules that may require selfies, social media
U.S. Customs and Border Protection proposed new rules that may require selfies and social media history from foreign visitors traveling to the U.S.
- U.S. Customs and Border Protection is proposing expanded biometric screening for foreign travelers entering the country.
- The proposal includes mandatory selfie uploads and a mobile-only application for the Electronic System for Travel Authorization (ESTA).
- Applicants may be required to provide social media accounts, phone numbers, and other personal data from the past several years.
Travelers entering the United States could soon face expanded biometric screening and new digital reporting requirements as U.S. Customs and Border Protection, or CBP, seeks to overhaul how it verifies the identities and movements of millions of visitors.
In a new proposal published in the Federal Register, the Department of Homeland Security is asking the public to weigh in on a series of major changes to the Arrival/Departure Record (Form I-94) process and the Electronic System for Travel Authorization (ESTA), the program used by citizens of Visa Waiver Program countries to enter the United States.
The proposal affects nearly every foreign traveler entering the country ‒ and comes as border searches of personal devices have drawn increasing attention and concern from travelers.
“Nothing has changed on this front for those coming to the United States. This is not a final rule, it is simply the first step in starting a discussion to have new policy options to keep the American people safe,” CBP told USA TODAY in a statement. “This new proposal is in line with the January 2025 Executive Order 14161 to vet those who are coming into this country using the Electronic System for Travel Authorization (ESTA) by allowing CBP to collect additional information from non-U.S. citizens applying through the visa waiver program from eligible countries.”
What CBP wants to change
CBP is proposing several updates, including new biometric requirements, increased data collection, and the elimination of the ESTA website in favor of a mobile-only system.
Among the proposed changes:
- A new voluntary “self-reported exit” feature allowing foreign nationals to confirm their departure from the United States by submitting passport data, a live selfie and geolocation through CBP’s mobile app.
- Mandatory selfie uploads for all ESTA applicants, including those applying through third parties such as travel agents.
- A mobile-only ESTA application, eliminating the web-based option after CBP documented widespread abuse linked to poor-quality image uploads and fraudulent third-party websites charging travelers unnecessary fees.
- Expanded “high-value data fields,“ including applicants’ social media accounts from the past five years, phone numbers and email addresses going back a decade, IP addresses, and even biometrics such as fingerprints, face, DNA and iris scans when feasible. These additions stem from a January executive order targeting foreign terrorist threats.
- Updates to the Visa Waiver Program, including the recent removal of Romania, and the expectation that additional countries may be added in the coming years.
CBP says these changes are designed to reduce fraud, improve identity verification and close long-standing gaps in the tracking of foreign visitors who enter and exit the United States.
“The Department is constantly looking at how we vet those coming into the country, especially after the terrorist attack in Washington DC against our National Guard right before Thanksgiving,” the agency added in their statement.
What this means for travelers
The proposal underscores what many immigration attorneys and border experts have already warned: entering the United States increasingly involves scrutiny of your identity, your digital presence and your travel history.
Earlier this year, USA TODAY reported a series of incidents in which U.S. residents and visa holders were detained or deported after CBP officers reviewed the contents of their phones under heightened security measures. Those searches ‒ which can include photos, videos, deleted files and public social media posts ‒ are legal at the border without a warrant.
“Any traveler entering the U.S. is subject to CBP inspection,” CBP Assistant Commissioner Hilton Beckham said in May. While searches are “rare” and “highly regulated,” he said they have been used to identify “terrorism, smuggling, human trafficking and visa fraud.”
Immigration attorney Susanne Heubel told USA TODAY that most travelers still enter the United States without issue ‒ but that device searches and digital screening increasingly play a role when officers suspect someone’s activities don’t match their visa.
She added that the proposal for increased social media vetting is concerning, and the added scrutiny on someone’s public online activity – including political posts – could be used as a pretense for denying visas.
“For people who are careful with their social media, it should not be a problem, but we are already seeing delays in visa applications due to appointment rescheduling by the U.S. consular post and simply more vetting, which increase the adjudication time,” she said.
Homeland Security referred USA TODAY to the CBP statement.
Story continues below.
Can a border patrol officer look through your phone and other devices?
U.S. Customs and Border Protection officers can go through your phone, including any deleted items on the device.
Social media under new scrutiny
One of the most notable proposed requirements: ESTA applicants would need to disclose all social media accounts used in the past five years.
This follows the 2025 executive order mandating broader screening for potential national security threats.
“They’re checking whether the story you’re telling ‒ who you are and why you’re traveling ‒ aligns with your digital footprint,” Heubel previously said.
In March, Lebanese physician and Brown University faculty member Rasha Alawieh was detained at Boston Logan International Airport and deported after CBP found photos and videos on her phone related to Hezbollah.
Will the changes affect U.S. citizens?
No. The new proposal applies primarily to foreign nationals subject to I-94 documentation, visitors from Visa Waiver Program countries applying through ESTA, and travelers using CBP’s mobile app to self-report their departure.
U.S. citizens are not required to provide biometrics beyond standard passport requirements.
How travelers can prepare
Immigration attorneys advise the following:
- Before you travel, review what is on your phone ‒ including deleted files, which may still be accessible.
- Limit the number of devices you bring. Your phone is unavoidable, but laptops and external drives may trigger additional review.
- If you hold a visa or green card, know exactly what activities your status allows.
- If an officer searches your device, Heubel advises stating clearly: “I do not consent, but I understand you have the right to search.”
How to comment on CBP’s proposal
The public has until Feb. 9 to submit comments on the proposed changes.
Comments must reference OMB Control Number 1651-0111 and be sent to: CBP_PRA@cbp.dhs.gov
CBP says all comments will be recorded publicly as part of the rulemaking process.
This story was updated to add new information.