DHS to Begin Screening Aliens’ Social Media Activity for Antisemitism

Apr 9, 2025

U.S. Citizenship and Immigration Services (USCIS) just announced that starting today, April 9, 2025, it will begin considering foreign nationals’ antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefits. This will have an immediate impact on foreign nationals who have applied or will be applying for lawful permanent resident status, as well as foreign students (whether here legally or illegally) affiliated with educational institutions linked to antisemitic activity.

USCIS has stated that it will enforce all relevant immigration laws to the maximum degree, consistent with President Trump’s executive orders on Combatting Anti-Semitism, Additional Measures to Combat Anti-Semitism and Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats.

In its announcement, USCIS states that it will “consider social media content that indicates an alien endorsing, espousing, promoting, or supporting antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity as a negative factor in any USCIS discretionary analysis when adjudicating immigration benefit requests. This guidance is effective immediately.”

We would like to emphasize that it is not only USCIS, but also the U.S. Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE) and the U.S. Department of State (DOS) that are also checking all media of foreign nationals applying for immigration benefits, visas, etc. CBP has been searching electronic devices, including phones, laptops, and tablets, of anyone entering the U.S. These searches can happen at U.S. land crossings, airports, seaports, and preclearance locations abroad. These searches have not been just limited to foreign nationals, it includes Lawful Permanent Residents and U.S. citizens.

As a result, all foreign nationals and non-citizens in general, whether applying for an immigration benefit or just visiting the U.S. for a few days, should exercise caution with regards to what you publish or even follow on any social media, and what is saved on your devices in the event your electronic devices are searched.

Government agencies could look at patterns and different scenarios when looking through social media. Never assume that your internet space is private. Keep it simple: anything you do not want to be read by other people should not be posted. Take some time to carefully review your social and professional profiles on LinkedIn or other platforms to ensure it cannot be misconstrued or inconsistent with your visit to the U.S. or your immigration applications and petitions.

Avoid publishing or expressing in social media political statements, “inappropriate” photos (even when the activities may seem normal and innocent), or opinions that may appear controversial under this Administration. Expressing opinions or expressing support for positions opposed by this Administration can be misconstrued to sympathize or promote terrorism.

In summary, exercise good judgment and make it a point to understand your rights. We are here to help and guide you if you have any questions.

Please reach out to your Greenspoon Marder LLP Immigration & Naturalization Practice Group for any further questions or concerns.

Patricia Gannon, Immigration Chair
New York, NY
[email protected]
Phone: (212) 524-5037

Hector Chichoni, Partner
Miami, FL
[email protected]
Phone: (305) 789-2744

Marcela Bermudez, Partner
New York, NY
[email protected]
Phone: (212) 524-5039

About Greenspoon Marder

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This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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DHS to Begin Screening Aliens’ Social Media Activity for Antisemitism

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