CDT Comments DHS Social Media Collection Docket Number DHS-2019-0044

Re: Agency Information Collection Activities: Generic Clearance for the Collection of Social Media Information on Immigration and Foreign Travel Forms (Docket Number DHS-2019-0044)

We provided comments to the Department of Homeland Security (DHS) regarding the proposed rule Docket Number DHS- 2019-0044. The proposed rule would change two Customs and Border Protection (CBP) applications, Electronic System for Travel Authorization (ESTA) and Electronic Visa Update System (EVUS), by effectively requiring travelers to disclose their social media identifiers. Currently, such disclosure is optional. Additionally, the applications for a number of immigration benefits assessed by United States Citizenship and Immigration Services (USCIS) will now include a demand for disclosure of social media identifiers.

This information will be demanded of Lawful Permanent Residents seeking to naturalize (Form N-400), from people applying for political asylum (Form I–589), and many other immigration benefits. Applicants are admonished that “failure to provide the requested data may either delay or make it impossible for CBP to determine an individual’s eligibility for the requested benefit” and “failure to provide the requested data may either delay or make it impossible for USCIS to determine an individual’s eligibility for the requested benefit.” Therefore, the information is functionally required.