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23 J. High Tech. L. 1 (2022-2023)

handle is hein.journals/jhtl23 and id is 1 raw text is: 








      THINK  BEFORE   YOU POST:  SOCIAL  MEDIA   MONITORING   OF
  IMMIGRANTS   AND  IMPLICATIONS   ON CONSTITUTIONAL RIGHTS AND
                      DISCRIMINATORY DENIALS







                             Brooke  Gary*




  I.    Introduction

        Individuals interested in applying for a United States (U.S.)
visa or  immigration  benefit, seeking  asylum   or refugee  status, or
becoming   a U.S.  permanent   resident or citizen, now  need  to think
twice before  their next post or interaction on social media.1 When   a
foreign national seeks to enter the U.S., they are required to provide
biographical   and  personal   information   including   their  names,
birthdate, addresses, and  education  and employment information to


* J.D. Candidate, Suffolk University Law School, 2023.
1  See Immigration  Glossary, BOUNDLESS   (Oct. 16,  2021), archived at
https://perma.cc/YS72-8ACU (defining an immigration benefit as any visa, status,
or other right or ability which a foreign national may request from the U.S.
government, such as green cards, temporary visas, and employment authorizations).
See also Think Twice Before Posting: Social Media Posts Can Impact Immigration
to  the  US,  TERRA   IMMIGR.  PARTNERS   (Jan. 7,  2020),  archived at
https://perma.cc/G8UK-XGPV (explaining how individuals seeking an immigration
benefit will want to think twice before posting); Everything You Need to Know About
the New  DHS  Social Media Policy, BOUNDLESS (Nov. 7, 2019), archived at
https://perma.cc/CT6E-ZFY4 (affirming that individuals applying for a green card
or citizenship may want to check their privacy settings on social media). See also
Leonard D'Arrigo & Brendan  Venter, Pause Before Posting: Facebook, Social
Media and Online Presence Now Further Impacts Immigration, JDSUPRA (Sept. 5,
2019), archived at https://perma.cc/Y9KM-VZXM (stating that it may be wise for
visa applicants to reduce their social media presence to protect their privacy in light
of recent immigration changes). Applicants should be wary of whom they associate
with on social media, especially if it includes individuals who are outspoken about
controversial political issues, or who demonstrate anti-U.S. government views. Id.


Copyright 2022 © Journal of High Technology Law and Brooke Gary.
           All Rights Reserved. ISSN 1536-7983.

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