As of today, U.S. Citizenship and Immigration Services (USCIS) will check for antisemitic social media posts and harassment of Jewish people when reviewing immigration applications.
According to the official USCIS announcement, the agency will now flag social media content showing support for antisemitic terrorism or terrorist groups as a reason to deny immigration benefits.
The change is part of a broader federal effort to combat antisemitism. It follows recent executive orders directing agencies to enforce immigration and civil rights laws more aggressively in response to rising antisemitic threats, especially after the October 7, 2023, Hamas attacks and subsequent protests on U.S. campuses.
The move — announced as the Trump administration cracks down on protests against Israel’s actions in Gaza — has faced criticism from immigrant rights advocates and progressive Jewish groups, who view it as an effort to silence political speech and target marginalized communities under the pretext of combating antisemitism.
Who This Affects
The new rules impact:
- People applying for green cards (permanent residence)
- International students
- Non-citizens applying for any USCIS benefit
“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.
What Will Be Checked
USCIS officers will now look for:
- Social media posts supporting antisemitic violence
- Content promoting antisemitic terrorist groups like Hamas, Hezbollah, Palestinian Islamic Jihad, or the Houthis
- Evidence of harassing Jewish individuals
- Connections to antisemitic activities
Why This Change Was Made
This policy follows three executive orders aimed at fighting antisemitism:
- A 2019 order that treats discrimination against Jews as a civil rights violation
- A January 2025 order directing agencies to combat campus antisemitism
- A recent order strengthening security screening for immigration applicants
Historical Context
Antisemitism in American History
The term “antisemitism” was first widely used in the late 1800s, though prejudice against Jewish people has existed for centuries. In the United States, antisemitism has taken various forms throughout history, from housing discrimination and university quotas to hate crimes.
Immigration and Free Speech Considerations
Non-citizens seeking entry to the U.S. have historically faced different standards regarding free speech protections:
- The Supreme Court has long held that Congress has broad power over immigration policy (known as the “plenary power doctrine”)
- In Kleindienst v. Mandel (1972), the Court ruled that the government could deny entry to a foreign academic based on his political views
- However, in more recent cases, courts have recognized that immigration decisions must still follow constitutional principles
It’s important to note that while U.S. citizens have broad First Amendment protections for political speech, non-citizens seeking entry or immigration benefits have traditionally been subject to different standards under immigration law.
What Happens Next
The policy is already in effect. USCIS will apply these rules to all current and future applications where they have decision-making power.
The Evolution of Social Media Screening
USCIS’s new policy builds on a history of social media vetting:
- 2015: Early pilot programs began screening refugee applications
- 2016: USCIS established a Social Media Division within Fraud Detection and National Security
- 2025: The current policy expands screening to include specific content related to designated organizations
Previous screening efforts faced significant challenges:
- Difficulty accurately interpreting content due to sarcasm, context, and language barriers
- High rates of false positives that required resource-intensive manual review
- Limited effectiveness in identifying genuine security threats
- Legal challenges related to privacy and free speech concerns
A 2017 DHS Inspector General report found that earlier social media screening lacked clear performance metrics to evaluate effectiveness.
How USCIS Could Evaluate Social Media Content
Boundless research into historical precedents show USCIS could:
- Use the International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism
- Work alongside the “Catch and Revoke” program initiated by the State Department
- Employ artificial intelligence (AI) tools to scan social media content at scale
- Look specifically for content supporting designated organizations like Hamas, Hezbollah, Palestinian Islamic Jihad, and the Houthis
Critics have 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
What counts as antisemitic activity?
According to DHS guidance, USCIS will look for signs that an applicant has:
- Supported or promoted antisemitic terrorism
- Endorsed antisemitic terrorist organizations such as:
- Hamas
- Palestinian Islamic Jihad
- Hezbollah
- Ansar Allah (the Houthis)
- Shared antisemitic content on social media
- Participated in harassment or intimidation of Jewish individuals
Social media posts, protest participation, and organizational affiliations may be reviewed and weighed as part of the immigration decision.
Legal Considerations
This policy exists within a complex legal framework:
- Immigration law gives the government significant authority to determine who may enter or remain in the country
- Non-citizens seeking entry have historically had different free speech protections than U.S. citizens
- In Kleindienst v. Mandel (1972), the Supreme Court upheld the government’s right to deny entry based on political views
- However, more recent court decisions have recognized constitutional limits on immigration enforcement
- Civil liberties experts note that distinguishing between antisemitism and protected political speech about Middle East conflicts presents legal challenges
- Legal concerns about due process include whether applicants will receive notice about flagged content and have opportunities to respond
- The policy focuses on discretionary immigration benefits, where USCIS already has legal authority to consider various factors
Recent Changes to Oversight
The implementation of this policy comes during a period of significant changes to immigration oversight:
- On March 21, 2025, DHS placed all staff from the USCIS Ombudsman office on 60-day administrative leave
- This effectively suspended an office created by Congress in 2002 to help resolve problems with immigration applications and recommend improvements
- The Office for Civil Rights and Civil Liberties and the Office of the Immigration Detention Ombudsman faced similar measures
- According to DHS, these changes aim to streamline operations and focus on border security and immigration enforcement
- The Ombudsman’s office handled approximately 30,000 requests for assistance in 2023, including resolving incorrect rejections and application errors
This timing means the new social media screening policy will be implemented without the independent oversight mechanisms that typically help ensure fair and consistent application of immigration policies.
What This Means for Immigrants
USCIS officers will now treat antisemitic activity as a negative factor in discretionary immigration decisions. This applies immediately to:
- Individuals applying for green cards (Form I-485)
- Foreign students (F-1, J-1, and related visas)
- Anyone affiliated with universities, groups, or movements that have been publicly associated with antisemitic harassment or support for antisemitic terrorist organizations
What You Should Do
If you are applying for any U.S. immigration benefit:
- Review your social media: Delete or distance yourself from any posts that could be misinterpreted as supporting violence or hate
- Be careful about affiliations: Avoid involvement with any groups tied to antisemitic rhetoric, even indirectly
- Prepare to answer questions: USCIS may ask about your views, actions, or associations during interviews or in Requests for Evidence (RFEs)
For students and university employees:
- Understand your school’s policies on speech and protest
- Know that being affiliated with institutions under investigation for antisemitic incidents could trigger scrutiny
Bottom line
This new policy gives immigration officers more power to deny benefits to individuals who express antisemitic views or associate with groups that promote antisemitic violence. It builds on nearly a decade of expanding USCIS social media screening—and arrives at a moment when the independent office responsible for correcting government errors has been shut down.