What Noncitizens and Citizens Should Know About Protecting Your Online Presence: Social media hygiene in a hostile immigration landscape

Citizenship and Naturalization
Crimes
Enforcement
Family-Based
Publication Date

The U.S. Constitution provides protection for political speech under the First Amendment. Everyone in the U.S. is protected by the U.S. Constitution regardless of immigration status. However, the Trump Administration in its latest attempt to circumvent this protected right has instructed the Department of Homeland Security (DHS) and other federal agencies to strictly vet noncitizen’s social media when they either apply for immigration benefits or are traveling back to the U.S. Because of this, noncitizens should understand the current DHS policies and the risks of posting certain content on social media. Additionally, credible reports show that the federal government is also seeking information about U.S. citizens who are exercising their right to assemble and protest against ICE enforcement under the First Amendment. This explainer offers information for both noncitizens and U.S. citizens about the possible impacts of their social media online presence.

Select a Section

Executive Orders, Shift in Policies, and Reports of Surveillance

The Trump Administration issued two main Executive Orders (Executive Order 1461 Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats and Executive Order 14188 Additional Measures to Combat Anti-Semitism) that direct federal agencies to enhance immigration vetting and screening of all noncitizens seeking to enter the U.S. or who are already in the U.S. Executive Order 1461 calls for “maximum” vetting and screening of certain noncitizens from countries with “identified security risks.” Executive Order 14188 aims to combat antisemitism by holding accountable “perpetrators of unlawful anti-Semitic harassment and violence” and using “appropriate legal tools” to do so. Under the guise of national security and safety, the Trump Administration has given federal agencies a clear mandate that protected speech could be used as a weapon against noncitizens.

In response to these Executive Orders, DHS and Department of State (DOS) have issued policies, statements, and rules for screening noncitizen’s social media online presence.

  • On April 9, 2025, United States Citizenship and Immigration Services (USCIS) issued a statement that in accordance with the executive orders, it will consider any “antisemitic activity on social media” as grounds to deny immigration benefit requests from those applying for lawful permanent residency (green card), foreign students, and noncitizens who attend educational institutions that are linked to antisemitic activity.
  • On June 18, 2025, the DOS issued a statement that they will do “thorough vetting,” which includes review of online presence of all applicants with pending student and exchange visitor visa applications.  
  • On December 3, 2025, the DOS issued a statement that they will also do more online presence vetting for those who are applying for a visa to work in the U.S. in specialized jobs.  
  • On December 5, 2025, USCIS announced the establishment of a special unit to enhance screening and vetting of noncitizens who apply for immigration benefits.  
  • On February 11, 2026, a USCIS rule was approved for one year that allows USCIS to collect social media handles and messaging app information from noncitizens applying to change their immigration status and may also allow USCIS to collect this information from their family members.  
  • On March 25, 2026, the DOS issued an announcement that effective March 30, 2026, it would expand its review of applicants’ online presence to additional nonimmigrant visa classifications. The announcement instructs applicants in those visa classifications to “adjust the privacy settings on all of their social media profiles to ‘public’ or ‘open.’”  

Threats to Citizens Engaged in Pro-Immigrant Speech

Although these policies, statements, and rule are targeting mostly noncitizens, federal immigration officials are also surveilling citizens who are protesting against the brutality of the government’s immigration enforcement policies. In late February, media reports surfaced that DHS sent Google, Meta (owner of Facebook and Instagram), and other social media companies administrative subpoenas for the names of accounts that criticize ICE enforcement. Additionally, on February 2, 2026, the ACLU sued DHS for issuing a subpoena to Google seeking information of a person who sent an email to DHS criticizing the harsh treatment of an asylum -seeker and asking them to “apply principles of common sense and decency.” On February 10, 2026, the ACLU won their case and DHS had to withdraw their subpoena.

What Can You Do to Protect Your Social Media Online Presence?

Noncitizens and U.S. citizens alike can take steps to protect their social media online presence. Below is a checklist of best practices for your social media.  

  • Review and adjust your application’s location tracking and privacy settings. Turn off any location tracking and ensure your social media profile is set to private. However, consider that if you are applying for a nonimmigrant visa with the DOS, the DOS has instructed applicants applying under certain visa classifications to set their profile to public. See above announcement for the visa classifications. 
  • Limit your profile information to only certain trusted profiles/users, unless you are applying for a nonimmigrant visa classification listed in the DOS announcement above.  
  • Ensure posts do not include any personal identifiers like your address, location, phone numbers, etc., or that of others.
  • Separate your personal email address from your social media account. This could protect your personal information in your main email address from your social media account.  
  • Ensure you are not accidentally posting by disabling any feature on your device that automatically shares photos to social media platforms. 
  • Exercise good judgement! Do not upload anything that you wouldn’t want everyone to see. Even if your social media profile is private, be cognizant that those who have access to your profile may screenshot your content and publicly post it. For noncitizens, be cognizant that public posts may be used against you if you are applying for immigration benefits. Any posts that could be construed as criminal activity like demonstrations of drug paraphernalia or gang affiliation may result in a denial of your immigration benefit request. If you are unsure whether your post could be considered negatively in your immigration benefit request, consult with an immigration attorney before posting.

Additional resources to consult for digital safety and security:  

Audience
Community Advocates