A recently published Federal Register notice outlining significant changes to the Electronic System for Travel Authorization (ESTA) has generated considerable public anxiety, though officials emphasize that none of the proposed modifications have been finalized.
The notice, titled “Agency Information Collection Activities; Revision; Arrival and Departure Record (Form I-94) and Electronic System for Travel Authorization (ESTA),” initiates a mandatory 60-day public comment period under the Paperwork Reduction Act. During this window, the public can weigh in on proposals that would dramatically expand the information collected from international visitors traveling to the United States under the Visa Waiver Program.
What’s Being Proposed
The proposed changes include several major revisions to current ESTA procedures:
Mandatory Social Media Disclosure: The most controversial element visible in the public discourse currently is the proposed requirement that ESTA applicants provide all social media accounts used within the last five years. This mandate stems from Executive Order 14161, signed in January 2025, focused on protecting the United States from foreign terrorist and national security threats.
Expanded “High Value Data Fields”: The proposal calls for collecting an extensive array of personal information, including telephone numbers and email addresses from the past 5-10 years, IP addresses from submitted photos, comprehensive family member information (names, birth dates, birthplaces, residencies, and contact information), and even biometric data including face, fingerprint, DNA, and iris scans where feasible.
ESTA Website Decommission: Under the proposal, travelers would no longer be able to apply for ESTA through the traditional website. Instead, all applications would be processed exclusively through the ESTA Mobile application, which Customs and Border Protection (CBP) argues provides superior security features including liveness detection, facial recognition, and Near Field Communication (NFC)-based passport verification.
Mandatory Selfie Requirements: Both the ESTA website (before any potential decommissioning) and mobile application would require applicants to submit facial photographs, even when applying through third parties such as travel agents or family members.
Concerns and Official Response
The U.S. Travel Association raised concerns about “the proposal’s implications, particularly the lack of detailed information from CBP. There are questions about what specific information travelers might need to provide and whether the policy would effectively enhance U.S. security measures. The association warned that the proposed changes could deter international travelers from visiting the United States, potentially harming the travel industry.”
Numerous media articles amplified the proposed five-year social media history disclosure aspect – NPR’s article, for example, was titled, “What’s on your TikTok page? U.S. looks to scour tourists’ online profiles” – without the key piece of information as strategically spotlighted, that this is the comment period; nothing has yet been finalized.
The Department of Homeland Security (DHS) has moved to calm public fears about the proposals. In an official statement, DHS emphasized: “Nothing has changed on this front for those coming to the United States. This is not a final rule, it is simply the first step in starting a discussion to have new policy options to keep the American people safe.”
The statement continued: “The Department is constantly looking at how we vet those coming into the country, especially after the terrorist attack in Washington DC against our National Guard right before Thanksgiving.”
DHS framed the proposals as aligned with Executive Order 14161’s mandate to enhance vetting procedures for non-U.S. citizens entering through the Visa Waiver Program.
The Comment Period Process
CBP is inviting public feedback on four specific areas: whether the proposed information collection is necessary for proper agency function, the accuracy of burden estimates on respondents, suggestions to improve the quality and utility of collected information, and recommendations to minimize the burden on those required to provide information.
Comments submitted during the 60-day period will be summarized and included in the final request for approval. All public comments become part of the official record.
The notice also seeks feedback on previously approved emergency changes, including a Voluntary Self-Reported Exit pilot program using the CBP Home mobile application and the removal of Romania from the Visa Waiver Program.
What Happens Next
The proposed changes remain in the discussion phase. After the comment period closes, CBP will review public feedback before making any final determinations about implementation. The agency must also consider the practical implications of its burden estimates, which project that ESTA Mobile applications would take approximately 22 minutes to complete under the new requirements.
For now, current ESTA procedures remain unchanged. Travelers planning trips to the United States under the Visa Waiver Program should continue following existing application processes while monitoring for official updates about any finalized policy changes.
The full Federal Register notice and instructions for submitting comments are available at the official Federal Register website.
