CBP, DHS Issue Proposed Rule Mandating Social Media Checks for ESTA

On December 10, 2025, US Customs and Border Protection (CBP) and the Department of Homeland Security (DHS) published a proposed rule in the Federal Register notice that would require social media history to become a mandatory data element for travelers applying through the Electronic System for Travel Authorization (ESTA). This change follows a series of national security measures introduced under Executive Order 14161.

Erickson Immigration Group expects that the proposed rule will be met by significant pushback during the comment period. 

As outlined in the Federal Register, the proposed rule would apply to travelers who are currently permitted to enter the United States visa free under the Visa Waiver Program (VWP), through the electronic system known as ESTA.

What’s Changing?

Per the proposed rule, starting in 2026 travelers from approximately 40 VWP countries – including Australia, Germany, Japan, and the UK – will be required to:

  • Provide social media identifiers for the past five years as part of their ESTA application.
  • Submit additional “high-value” data fields, including:
    • Telephone numbers (last five years)
    • Email addresses (last ten years)
    • Family member details (names, dates of birth, places of birth, residences)
    • Biometric data (face, fingerprints, DNA, iris scans)
    • Business contact information

These requirements apply to travelers entering the US for up to 90 days without a visa under the VWP. ESTA applications will soon be processed exclusively via the mobile app, which uses facial recognition, NFC passport chip verification, and liveness detection to enhance identity security. The ESTA website will be decommissioned for new applications.

Why the Change?

The move is part of a broader Trump administration strategy to tighten entry controls following recent security incidents, including the November attack on National Guard members in Washington, DC by an Afghan national. President Trump has pledged to “permanently pause migration from all Third World Countries” and ordered a comprehensive re-review of approvals granted since 2021.

Officials argue that social media checks will help identify individuals involved in activities such as censorship, misinformation, or disinformation campaigns, which could trigger visa ineligibility under the Immigration and Nationality Act.

Impact on Travelers and Tourism
  • Privacy implications: Applicants must make social media profiles accessible for review.
  • Processing burden: Estimated ESTA application time will increase to 22 minutes per applicant, with over 14 million annual submissions expected.
  • Tourism outlook: The US Travel Association projects a drop in foreign visitors – from 72.4 million in 2024 to 67.9 million in 2025 – and a $12.5 billion decline in travel revenue, citing stricter entry rules and “America First” policies.
Practical Steps for VWP Travelers
  • Prepare social media history: Ensure identifiers for the past five years are ready.
  • Download the ESTA mobile app: Applications will soon be mobile-only.
  • Check compliance: Review DHS guidance on new biometric and data requirements.
Erickson Insights & Analysis

Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.