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"Residents Live in Fear Due to Lack of Security"

Prosecutor Christian Thier from the United States

"Feeling of Insecurity Prevalent Amidst Population"
"Feeling of Insecurity Prevalent Amidst Population"

"Residents Live in Fear Due to Lack of Security"

As the year 2025 approaches, German travellers planning a trip to the United States should be well-informed about the current regulations and potential risks associated with border control, data protection, and social media account usage.

Firstly, it is essential to understand the entry requirements and border control procedures. Germans, as part of the Visa Waiver Program (VWP), must apply for the Electronic System for Travel Authorization (ESTA) online at least 72 hours before departure. This electronic travel authorization costs USD 21 and is valid for two years or until the passport expires, allowing stays of up to 90 days in the USA. Without a valid ESTA, airlines will deny boarding.

A machine-readable electronic passport with biometric data is mandatory, and children also require their own passports since June 2012. Travellers should carry proof of return flight and accommodation to support their entry application, as entry is still subject to approval by U.S. border authorities even with a valid ESTA. Those holding temporary or children’s passports need a visa rather than ESTA.

It is crucial to comply with immigration laws, as non-compliance can lead to visa revocation or deportation, and ongoing monitoring is in place to ensure adherence.

Data protection and AI use in border control are other significant considerations. The use of biometric data and facial recognition technology is common for identity verification, but these technologies carry privacy risks, including data misuse or breaches. AI tools, such as facial recognition systems, can streamline security but also raise concerns about personal data protection and privacy rights under U.S. law.

Travellers should be aware that U.S. data protection standards differ from those in the EU, and their biometric and personal data entered during border control processing may be subject to U.S. regulations or security reviews.

Since June 2025, applicants for certain U.S. nonimmigrant visas (F, M, J types, e.g., students, exchange visitors) must set their social media privacy settings to ‘public’ to facilitate identity and admissibility vetting by U.S. authorities. This measure is part of enhanced screening protocols under a Presidential Proclamation aimed at protecting U.S. national security. Failure to comply or suspicious findings on social media may impact visa issuance or entry permission.

In conclusion, German travellers should prepare accordingly, ensuring timely ESTA application, understanding biometric data use, and considering the privacy implications of social media exposure when planning their trip to the USA in 2025. It is advisable to hire a lawyer for those applying for a visa to the USA, as they can provide valuable guidance throughout the process. However, lawyers have limited options to act in case of entry refusal for visa applicants.

It is essential to remember that an electronic entry permit or visa does not guarantee entry into the USA, as the final decision lies with the American border authorities. Critical expressions about the USA or the president can lead to denial of entry, and immigration officers can ask entrants to open their social media accounts. Travellers should be aware of the potential risks and take necessary precautions to ensure a smooth and safe journey.

[1] U.S. Embassy & Consulates in Germany, "Traveling to the United States," (2022), [https://de.usembassy.gov/u-s-visa-services/visa-bulletin/visa-bulletin-for-april-2022/](https://de.usembassy.gov/u-s-visa-services/visa-bulletin/visa-bulletin-for-april-2022/)

[2] U.S. Customs and Border Protection, "Electronic System for Travel Authorization (ESTA)," (2022), [https://esta.cbp.dhs.gov/esta/](https://esta.cbp.dhs.gov/esta/)

[3] U.S. Department of State, "Visa Waiver Program," (2022), [https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-april-2022.html](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-april-2022.html)

[4] European Commission, "Data Protection in the United States," (2022), [https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries/data-protection-united-states_en](https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries/data-protection-united-states_en)

[5] U.S. Department of State, "Presidential Proclamation on the Suspension of Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak," (2020), [https://www.whitehouse.gov/presidential-actions/presidential-proclamation-suspension-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak-6/](https://www.whitehouse.gov/presidential-actions/presidential-proclamation-suspension-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak-6/)

  1. To adhere to the community policy and maintain a smooth journey, German travelers must be aware of the ongoing US policy for non-compliance with immigration laws, which could lead to visa revocation or deportation.
  2. As the lifestyle and habits of individuals are becoming more transparent through social media, travelers should take note of the new policy requiring visa applicants for certain US non-immigrant visas to set their social media privacy settings to 'public' for identity and admissibility vetting by US authorities.
  3. When planning a trip to the USA, it is crucial to understand the employment policy as Germans, part of the Visa Waiver Program (VWP), must apply for the Electronic System for Travel Authorization (ESTA) to enter the country.
  4. Since the US data protection standards differ from those in the EU, German travelers should be aware that their biometric and personal data entered during border control processing may be subject to US regulations or security reviews, raising concerns about privacy rights under US law. Additionally, there are policies regarding war-and-conflicts, politics, general news, and crime-and-justice that travelers should also consider when traveling to the USA.

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