By: Patricia Gannon , Esq. and Marcela Bermudez , Esq.
U.S. Citizenship and Immigration Services (USCIS) just announced that starting today, April 9, 2025, it will begin considering foreign nationals’ antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefits. This will have an immediate impact on foreign nationals who have applied or will be applying for lawful permanent resident status, as well as foreign students (whether here legally or illegally) affiliated with educational institutions linked to antisemitic activity.
USCIS has stated that it will enforce all relevant immigration laws to the maximum degree, consistent with President Trump’s executive orders on Combatting Anti-Semitism , Additional Measures to Combat Anti-Semitism and Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats .
In its announcement, USCIS states that it will “consider social media content that indicates an alien endorsing, espousing, promoting, or supporting antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity as a negative factor in any USCIS discretionary analysis when adjudicating immigration benefit requests. This guidance is effective immediately.”
We would like to emphasize that it is not only USCIS, but also the U.S. Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE) and the U.S. Department of State (DOS) that are also checking all media of foreign nationals applying for immigration benefits, visas, etc. CBP has been searching electronic devices, including phones, laptops, and tablets, of anyone entering the U.S. These searches can happen at U.S. land crossings, airports, seaports, and preclearance locations abroad. These searches have not been just limited to foreign nationals, it includes Lawful Permanent Residents and U.S. citizens.
As a result, all foreign nationals and non-citizens in general, whether applying for an immigration benefit or just visiting the U.S. for a few days, should exercise caution with regards to what you publish or even follow on any social media, and what is saved on your devices in the event your electronic devices are searched.
Government agencies could look at patterns and different scenarios when looking through social media. Never assume that your internet space is private. Keep it simple: anything you do not want to be read by other people should not be posted. Take some time to carefully review your social and professional profiles on LinkedIn or other platforms to ensure it cannot be misconstrued or inconsistent with your visit to the U.S. or your immigration applications and petitions.
Avoid publishing or expressing in social media political statements, “inappropriate” photos (even when the activities may seem normal and innocent), or opinions that may appear controversial under this Administration. Expressing opinions or expressing support for positions opposed by this Administration can be misconstrued to sympathize or promote terrorism.
In summary, exercise good judgment and make it a point to understand your rights. We are here to help and guide you if you have any questions.
Please reach out to your Greenspoon Marder LLP Immigration & Naturalization Practice Group for any further questions or concerns.
About Greenspoon Marder Greenspoon Marder LLP is a full-service law firm with over 225 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.
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