DHS to Begin Screening Noncitizens’ Social Media Activity for Antisemitism

The Department of Homeland Security announced today that it will be screening noncitizens’ social media activity for antisemitic activity that could serve as the basis for denying immigration benefits. Physical harassment of Jewish individuals also will be considered as grounds for denying immigration benefits.  This will impact foreign nationals applying for lawful permanent resident status, foreign students, and foreign nationals affiliated with educational institutions that DHS considers linked to antisemitic activity.

Effective immediately, DHS will consider social media content that indicates a foreign national "endorsing, espousing, promoting, or supporting antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity” as a negative factor in a discretionary evaluation. The agency specifies Hamas, Palestinian Islamic Jihad, Hezbollah, and Ansar Allah aka: “the Houthis” as antisemitic terrorist organizations.  This announcement stems from 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.

The expansive wording of the mandate gives USCIS and Consular Officers broad discretion to deny immigration benefits, which could have a chilling effect on free speech and civic participation. This, coupled with the recent cancellation of student visas by the federal government, marks a concerning trend. Given this landscape, we (regrettably) advise noncitizens to use caution on social media and public gatherings for the time being. 

The agency’s full announcement is available here.

The alert is for informational purposes only. Please contact us if you would like to discuss this development further.