Freshman Representative Serves Up Immigration Bill That Would Make The DHS Do Things It Already Does

In what looks to be the FNG currying favor with the new boss, rookie Congressman Jim Banks is introducing a bill that would turn the DHS's social media prying from something it would like to do to something it has to do.

Congressman Jim Banks (IN-03) today will introduce the Visa Investigation and Social Media Act (VISA) of 2017, legislation to strengthen the vetting process for visa applicants. The bill is the first piece of legislation that Congressman Banks will introduce.

While CBP and DHS have been asking incoming foreigners for social media info for a while now, the process has been voluntary -- or at least as voluntary as any process can be when one side holds all the power. New DHS Secretary John Kelly suggested this would expand further in the near future, moving from requests for social media handles to demands for account passwords.

Rep. Banks appears to be making a move to codify the DHS's requests for social media info. It doesn't go so far as to demand account passwords, but it would make examination of foreigners' social media accounts part of the vetting process. The bill's text hasn't been posted yet, but here's what Rep. Banks' website says the legislation will include.

The VISA Act of 2017 would require the Department of Homeland Security to include the following in the background check of any individual applying for a visa to the United States:

A review of the applicant's publicly available social media activity (i.e. public tweets, YouTube videos, Facebook photos and posts);

An interview of each applicant who is age eleven years or older;

A fraud-prevention check of each applicant's documentation; and

A requirement that the applicant provide an English translation of his or her documentation.

Rep. Banks says this is no different than the process companies use to vet new hires. That's a truly bogus comparison. While some companies view applicants' social media posts when considering them for employment, very few are demanding social media account information as part of the application process. Those that do tend to drop the policies as soon as they're made public. (And child labor laws pretty much rule out interviews of tweens and teens.)

What's most troubling about this new rep's bill is its complete uselessness. The only real change it makes is dropping three years from the interview requirement (from 14 to 11). Everything else is something Customs already does. Vetting of social media posts has been part of the process for months. Banks' bill just makes it a requirement for the DHS to perform social media checks on all applicants. The legal ball will get pushed downhill, which will force applicants to hand over this info. ("In compliance with [insert US Code info here], DHS/CBP require applicants to provide social media account information, etc.") This may make it easier for the DHS to start demanding passwords, but the bill limits itself to public posts.

As for the rest of it, it's completely redundant. Extensive background checks are run on all applicants against several databases and Customs has required an English translation of visa applicants' documentation for years.

Banks likes corporate analogies so he should be aware his effort looks like a new hire trying to make his mark -- not by being a valuable addition to the company -- but by enthusiastically offering up worthless suggestions that signal your "Company Man" virtues to upper management.