Is Social Media the New Passport to Visas?

One of the outrages of the week is a proposed rule by the Trump Administration’s State Department to require disclosure of social media “identifiers” for the past five years on visa applications. While understandable that the trigger-reaction by many is outrage, it is worth taking a step back and ask, “why is this a big deal?” Does the right to privacy in the United States extend to foreigners who have not gained entry into the country?

The Facts of the Matter

1. The Constitution does not give foreigners the right to enter the United States. However, settled Supreme Court precedent says that once inside the country most constitutional protections extend to foreigners, documented or not. This means foreigners not yet granted approval to visit the States through the visa process do not have the same expectation of privacy from the U.S. government that anyone within the U.S. borders will. If a foreigner wishes to visit America, it is reasonable to expect an amount of vetting to meet certain established criteria for various visas before approval to enter. Most countries, if not all, have similar procedures and requirements, based on the national security, economics and politics of the individual country. The U.S. government is within its authority to establish requirements for vetting, as long as the requirements are reasonable to meet a legitimate…