The impact of social media, like Facebook and Twitter, on our lives is immense, especially for immigrants and visa holders. The information they share online can significantly affect their immigration status. The Department of Homeland Security (DHS) in the U.S. can access individuals’ social media profiles, which can lead to serious consequences, such as deportation or denial of entry. In this detailed guide, we’ll explore how the DHS uses social media, the risks it poses for immigrants and legal strategies to help protect immigration status in today’s tech-driven world.
The Watchful Eye of DHS
The following article has laid grounds to warrant the level of access that the DHS has to social media while interacting with immigration issues. This year, DHS announced a policy described in the Federal Register explaining the practice of gathering and storing social media info of temporary visas, immigrants, Green card holders, and naturalized American citizens. This policy has since formed the official and working policy of the company.
This has made it legal for DHS to collect handles, nicknames, and other forms of identification, and then search for information on those accounts in databases and search engines. The data collected in the course of the investigation is written into the immigrant’s official A-File.
Immigration officers at the points of entry such as the U.S borders and the ports of entry may demand a password to a cell phone or other portable electronic gadgets and social media accounts that the individuals possess. Be it 0pointed that they cannot be denied entry for not providing such access; however, their consumable electronic gadgets can be searched and seized in the event of refusal. While it is a constitutional right for citizens to refuse to provide a password to their electronic devices, non-citizens face possible denial of entry when denying such access.
Safeguarding Your Social Media Presence
However, unlike native citizens, the use of social media presents a lot of danger and risks that can lead to their deportation or expulsion from the country they are in. Certain types of content can trigger concerns and investigations from DHS:
1. Criminal Activity
Non-citizens should not post content that is associated with criminal activities, or endeavors, even if the specified activities are legal in the state. For instance, the application of federally controlled substances like marijuana can be for a cause, a concern, or even under suspicion. Criminal conduct, even if the person has not been convicted, means that he or she might be detained within the immigration facilities as well as deported.
2. Gang or Terrorist Affiliation
Using social networking sites, one should stay off from any dealings with criminal gangs or any terrorist group. This is especially true about such affiliations as DHS is very sensitive and may comment online, for instance, that a particular person is dangerous for the national security or the community. This is the reason why even when one is joking or even when one is just having a laugh about having some connections with a gang or a terrorist group, then, the legal status of such an individual will be at risk.
3. Visa or Status Eligibility
For instance, if a person got a green card through marriage but has photos showing their female figure with other men or men showing a female figure that is not his wife in amorous positions then it will be suspicious. Likewise, Posts that contradict the stated dates of arrival in the U.S. or the duration of stay can raise concerns about visa fraud. This includes information visible on social media or discussions about diplomat and dependent visitor eligibility.
Due to the nature of conducting immigration matters, DHS may make unsubtle distinctions and focus on details that are even normally benign mistakes or inconsistencies in social media posts.
Border and Port of Entry Considerations
When arriving at U.S. borders or ports of entry, non-citizens must prepare to make decisions about their electronic devices and social media accounts.
1. Device Privacy
Some of the measures that one can take to protect his or her privacy include erasing any sensitive information that one may have on one’s device before arrival in the U. S. Once at the border or port of entry, turning on airplane mode can also help in avoiding an instance in which someone tries to access the information.
2. Device Access
If a border agent demands the ability to search content on a mobile phone or any electronic device, it is wise to type in the password on your own, instead of telling the agent and then typing it. If you are a businessman a journalist or someone who has a lot of private or privileged information in their gadgets, it pays to have a less conspicuous gadget when traveling.
3. Social Media Privacy Settings
It is important to check and make proper adjustments to all the social accounts that one has for the security of their details. Recommendations include removing material that might suggest involvement in criminal activities, association with criminals, or eligibility for visa refusal.
One must also point out that using the ‘delete’ function can lead to the posts remaining accessible to the government. Your Alien File (A-file) might contain information that differs from your social media data. To find out how much information the government has on you, file a Freedom of Information Act (FOIA) application.
The monitoring of social media by the Department of Homeland Security proves that one needs to be careful while exploring their accounts. As established, non-citizens need to be cautious with what they post for them not to cause law enforcers’ suspicion or failure to meet the requirements for a visa. Since people intending to travel to the U.S. may be unaware of the state’s policies on the gadgets they intend to bring, they can help themselves by taking the following steps. It is important to exercise caution when deciding on privacy and access to social networking sites.
In the future, the interaction of consultants, technologists, and jurists is going to progress as human beings and immigrants have to face many challenges to keep their immigration status and even their rights. This is an exciting aspect because it means that careers are online and not offline, but at the same time, it means one needs to be very careful and on the lookout for any malicious act toward their reputation on the internet.
How does USCIS differentiate between legitimate and fraudulent online activity?
USCIS employs various strategies to differentiate between legitimate and fraudulent online activity during the immigration application process. Here’s an overview of how this differentiation occurs:
Methods of Differentiation
- Publicly Available Information:
- USCIS primarily reviews public-facing social media posts and information. This includes examining statements, affiliations, and activities that are visible to the public, such as posts on platforms like Facebook, Twitter, and Instagram. The focus is on identifying evidence of criminal activity, fraud, or associations with groups that promote violence or ideologies contrary to U.S. principles.
- Specific Indicators of Fraud:
- Immigration officials look for specific indicators that suggest fraudulent activity, such as discrepancies in the information provided in applications compared to what is visible online. For example, if an applicant claims to be employed but their social media indicates otherwise, this could raise red flags.
- Targeted Monitoring:
- USCIS has implemented targeted monitoring policies for higher-risk cases, such as applicants from countries associated with terrorism or those with previous immigration violations. This allows them to focus resources on cases that warrant closer scrutiny.
- Creation of Fictitious Accounts:
- Recently, USCIS has allowed officers to create fictitious social media accounts to monitor applicants’ activities passively. This method helps investigators gather evidence without directly interacting with applicants.
- Use of Analytical Tools:
- USCIS utilizes tools like ATLAS (Automated Targeting System) to analyze data from various sources, including social media. This system helps identify patterns or trends that may indicate fraudulent behavior or security risks.
Legal and Ethical Considerations
- Limitations on Privacy:
- While USCIS can examine publicly available content, it is prohibited from accessing private messages or requiring passwords for social media accounts. Their scrutiny is confined to what is visible online.
- Potential Consequences:
- If USCIS identifies suspicious activity or discrepancies during their review, they may issue a Notice of Intent to Deny (NOID), initiate an investigation, or even refer cases for criminal prosecution if fraud is suspected.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for Asylum, we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to do the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
