CDT spoke out against DHS and State Department initiatives to routinely screen social media accounts of visa applicants, foreign students, and other noncitizens in an effort to root out and punish speech critical of the current administration and its allies. These policies profoundly threaten constitutionally-protected, public speech — such as protest participation, op-eds, or social media posts — by using it as a basis for preventing people from entering the country or even deporting them. CDT documented the chilling effect of these efforts among both noncitizens and U.S. citizens who worry about government harassment of themselves or their families.
Our prior research shows how the use of automated monitoring tools compounds these harms: keyword-based and AI-driven systems struggle to understand humor and sarcasm, and are particularly error-prone when reviewing non-English languages. These errors can have devastating consequences for individuals struggling to navigate an immigration system that already lacks meaningful due process and independent oversight.
At border crossings, these threats are even more intense. CDT has raised the alarm about legal loopholes that allow U.S. Customs and Border Protection to search — and in many cases fully copy — travelers’ electronic devices without a warrant, stockpiling deeply sensitive personal data for up to 15 years. Emerging AI tools could supercharge this surveillance, allowing DHS to mine massive databases reflecting people’s private speech, associations, and beliefs entirely unrelated to border security.
Together, social media monitoring and device searches at the border form a dangerous ecosystem of speech-based surveillance. CDT’s work makes clear that protecting free expression in the digital age requires confronting government efforts to punish ideas, whether they’re broadcast publicly online or shared between individuals.