The State Department has issued a directive instructing its staff to deny visa applications from individuals involved in fact-checking, content moderation, or related activities deemed as “censorship” by the Trump administration. This move specifically targets applicants for H-1B visas, commonly used by highly skilled workers in the technology sector, and was detailed in an internal memo sent on Tuesday.
The memo, which was initially reported by Reuters and later obtained by NPR, emphasizes that if evidence emerges showing an applicant has participated in or enabled censorship of protected expression in the United States, they should be deemed ineligible for a visa. This directive aligns with a policy articulated by Secretary of State Marco Rubio in May, which restricts visas for “foreign officials and persons who are complicit in censoring Americans.”
Criticism of tech companies’ moderation practices has been a hallmark of the Trump administration, particularly following the social media bans imposed on Donald Trump after the events of January 6, 2021. Even though these bans have since been lifted, the former president and his associates continue to invoke this experience as proof of perceived bias against conservatives, despite many tech firms adjusting their policies in response to such claims.
The memo specifically highlights H-1B applicants, noting that many of them have been employed in the tech sector, including social media and financial services, which are often involved in managing what is considered protected expression. It instructs consular officers to “thoroughly explore” applicants’ work histories, utilizing platforms like LinkedIn and media appearances to evaluate their involvement in activities such as fact-checking and content moderation.
Alice Goguen Hunsberger, who has a background in trust and safety at various tech firms, voiced her concern over the conflation of trust and safety work with censorship. “Trust and safety is a broad practice which includes critical and life-saving work to protect children and stop CSAM [child sexual abuse material], as well as preventing fraud, scams, and sextortion,” she stated. Hunsberger emphasized the importance of having diverse teams in these roles to effectively safeguard users from harmful content.
In response to inquiries regarding the memo, a State Department spokesperson, who chose to remain unnamed, refrained from commenting on the leaked document but reiterated the administration’s commitment to defending Americans’ freedom of expression. “The Administration has made clear that it defends Americans’ freedom of expression against foreigners who wish to censor them,” the spokesperson stated. They also noted that the President aims to prevent other Americans from facing similar treatment to what he experienced with social media companies.
Critics of the memo have raised alarms about its potential infringement on free speech rights. Carrie DeCell, a senior staff attorney and legislative advisor at the Knight First Amendment Institute at Columbia University, argued that individuals working in content moderation are not engaging in censorship but are instead performing essential functions that the First Amendment seeks to protect. “This policy is incoherent and unconstitutional,” DeCell remarked.
The State Department’s recent actions also reflect a tightening of scrutiny on visa applicants’ online activities. As of Wednesday, the department announced that H-1B visa applicants and their dependents will be required to set their social media profiles to “public” for review by U.S. officials.
This directive marks a significant shift in the approach to visa applications, particularly for those associated with the tech industry. It raises concerns about the implications for free expression and the ability of individuals with diverse backgrounds and expertise to contribute to the digital landscape in the United States.
