May 20, 2025

Social media can impact an immigration case

The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) are asking for public comments on a new information collection. This is part of a law called the Paperwork Reduction Act (PRA) of 1995, which helps make sure that the information collected is necessary and doesn’t take too much time or money.

This new information collection follows a Presidential Executive Order called “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats.” This order requires USCIS to collect information, including social media handles and platform names, from people applying for immigration benefits. This will help USCIS verify identities and check for any national security or safety concerns.

The recent announcement from USCIS has reignited discussions about the mass surveillance of immigrants and the indiscriminate collection of private data, particularly when compared to the previous practice of only checking social media accounts during specific visa applications.

A major concern is that even naturalized U.S. citizens might be subjected to ongoing government surveillance. While the Department of Homeland Security (DHS) has denied these claims, it has confirmed that it will retain any social media information collected before an individual became a U.S. citizen. For example, if you became a naturalized citizen in 1988, DHS would not have a social media file on you. However, if you became a citizen in 2017, DHS could still have social media data in your file, even after you became a citizen.

According to the proposed 2025 rule, USCIS plans to use social media data for “enhanced identity verification, vetting, national security screening, and inspection.” The agency asserts that this information will help determine whether granting benefits could pose a security or public-safety risk to the U.S.

Throughout the implementation of social media monitoring, the U.S. government has justified it as a vital tool for national security and immigration integrity. It is primarily seen as a means to verify applicants’ identities and cross-check the information provided in their applications with their online behavior.

There is still uncertainty about how DHS selects and stores the information it collects, but the agency has indicated that it will include search results (which could involve social media posts), social media handles, aliases, and “associated information” in an immigrant’s file. It’s reasonable to assume that nearly everything publicly visible on social media could be fair game for DHS to collect and retain.

What is Immigration looking for?

• Security threats: Content that implies links to terrorist groups, extremist ideologies, or poses a threat to public safety is flagged.
• Fraud: Officers review your social media to identify any inconsistencies between your posts and the information provided in your immigration application.
• Immigration violations: Any posts suggesting unauthorized work or violations of immigration rules may be flagged.
• Relationship verification: For family-based petitions, USCIS examines social media to verify the legitimacy of claimed relationships.
• Employment verification: Officers may cross-check platforms like LinkedIn to confirm your work history, qualifications, and current employment status.
• Identity verification: Social media helps confirm your identity, ensuring you match the details provided in your application.
• Consistency check: USCIS looks for alignment between the information across various social media platforms and your application. 

Immigration authorities are trained to evaluate social media content relevant to immigration case decisions. If they find potentially significant information, it could be presented during interviews, included in requests for evidence, or added to the applicant’s file. If discrepancies arise or eligibility concerns are identified, it could lead to a Notice of Intent to Deny or other adverse actions.

Call the office of attorney Diana Bailey. With over 20 years of experience in immigration law, she will provide you with the best alternative.