On April 9, 2025, the U.S. Citizenship and Immigration Services (USCIS) announced that effective immediately, it will start to check for antisemitic social media posts and physical harassment of Jewish people when reviewing immigration applications.
According to the official announcement, the government agency will now flag social media content showing support for antisemitic terrorism or terrorist groups as a reason to deny immigration benefits.
Who does this policy apply to?
The policy immediately applies across the board. It affects foreign nationals applying for lawful permanent resident status and foreign students including nonimmigrant categories like F-1, H-1B, L-1, and O-1, as well as permanent residency pathways like EB-1, EB-2, and EB-3.
The policy also impacts those affiliated with educational institutions linked to antisemitic activity.
How USCIS will enforce this policy
As far back as 2019, the Department of Homeland Security (DHS) already screens social media for most visa applications. Now, USCIS officers are also expected to evaluate applicants’ online presence during benefit adjudications. This evaluation includes:
- Reviewing platforms like X (formerly Twitter), Facebook, and Instagram.
- Analyzing content supporting extremist ideologies or promoting hate speech.
- Flagging affiliations with online groups spreading hate or misinformation.
Engaging with problematic content (liking, sharing, or commenting) can raise concerns, even if the content wasn’t created by the applicant. Older posts may also be reviewed.
USCIS will use a combination of manual and automated screening, potentially leading to delayed adjudication, Requests for Evidence (RFE), or denial/referral for removal proceedings.
Why this policy?
USCIS stated it is acting under the directive of the DHS in accordance with three of President Trump’s executive orders: 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.
President Donald Trump’s administration is attempting to combat antisemitism especially after the October 7, 2023, Hamas deadly attacks and subsequent pro-Palestinian protests on U.S. college campuses.
Although the Trump administration has faced criticism for labelling certain pro-Palestinian voices as antisemitic, he is currently attempting to deport some foreign students pro-Palestinian activists like Mahmoud Khalil and Rumeysa Ozturk, has revoked hundreds of student visas and has warned universities of federal funding cuts over pro-Palestinian protests.
Consistent with President Trump’s executive orders, DHS together with USCIS will enforce all relevant immigration laws to the maximum degree, to protect the homeland from extremists and terrorist aliens, including those who support antisemitic terrorism, violent antisemitic ideologies and antisemitic terrorist organizations such as Hamas, Palestinian Islamic Jihad, Hezbollah, or Ansar Allah aka: “the Houthis.”
It is worth mentioning that earlier last month USCIS published in the Federal Register a 60-Day Notice inviting comments on its intention to start gathering information concerning the “online social media presence” for the past five years of foreign nationals who apply for certain immigration benefits.
“There is no room in the United States for the rest of the world’s terrorist sympathizers, and we are under no obligation to admit them or let them stay here,” said DHS Assistant Secretary Tricia McLaughlin in a statement.
“Secretary Noem has made it clear that anyone who thinks they can come to America and hide behind the First Amendment to advocate for anti-Semitic violence and terrorism – think again. You are not welcome here.”
What is the public saying?
This development by the U.S. government has led to swift condemnations from rights advocates, including some Jewish ones, who called the policy an attack on the long-standing American right to free speech.
Other critics said the Trump administration was “formalizing censorship practices.”
“By surveilling visa and green card holders and targeting them based on nothing more than their protected expression, the administration trades America’s commitment to free and open discourse for fear and silence.”
The Nexus Project, which fights antisemitism, said the Trump administration was going after immigrants in the name of tackling antisemitism and treating antisemitism as an imported problem.
The government is emphasizing national security, but critics argue that the regulation may increase processing times and subject applicants to misinterpretation of their online activity.
Protesters, including some Jewish groups, say the Trump administration conflates their criticism of Israel’s actions in Gaza and support for Palestinian rights with antisemitism and support for extremism.
Critics have also raised concerns about:
- AI’s ability to understand context and nuance in social media posts.
- Potential misinterpretation of political speech, satire, or academic discussion.
- Lack of transparency about how content is flagged and evaluated.
- Limited opportunities for applicants to explain or provide context for flagged content before a decision is made.
What will USCIS be looking for?
According to the announcement, USCIS officers will look for:
- Social media posts supporting antisemitic violence.
- Content endorsing, espousing, promoting or supporting antisemitic terrorist groups like Hamas, Hezbollah, Palestinian Islamic Jihad, or the Houthis.
- Evidence of harassing Jewish individuals.
- Connections to antisemitic activities.
What counts as antisemitic activity?
The policy does not provide a concrete definition of antisemitism, leaving room for subjective interpretation.
Advocacy groups have expressed concern that without clarity, the policy could be inconsistently applied or misused.
However, the U.S. Department of State gives the definition of antisemitism as “a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.”
Examples of antisemitism could include:
- Advocating, inciting, or condoning violence or harm against Jews based on extremist ideology or radical religious views.
- Spreading false, dehumanizing stereotypes about Jews or Jewish power.
- Blaming Jews collectively for actions of individuals or non-Jews.
Review your online presence and talk to an expert immigration attorney
USCIS’s new policy screening for antisemitic social media content signals increased digital scrutiny for immigration applicants. While aimed at national security, the policy’s broad language may cause confusion and delays.
Applicants should review their social media and ensure compliance with USCIS requirements. If concerned about potential issues, consulting an experienced attorney before applying is recommended.
The Law Offices of Anne Z. Sedki with offices in New York and New Jersey, has been serving the immigration community for almost 20 years.
We work with employers, employees, international students, families and investors, helping them navigate the immigration process quickly and cost-effectively.
Contact our offices on +15169636032 or +1-516-487-3831 or fill out this form to schedule a consultation.