Donald Trump’s state department just issued a directive that is allegedly a gross violation of free speech, and it involves a secret list of unacceptable job duties

The State Department has just issued a new directive instructing staff to reject visa applications from highly skilled workers if their job histories include activities the Trump administration now defines as “censorship,” a policy that is already generating massive controversy. This move specifically targets applicants for H-1B visas, which are absolutely crucial for tech companies looking to hire global talent.

The internal memo, which was reported first by Reuters and also obtained by NPR, explicitly tells consular officers that if they find evidence an applicant “was responsible for, or complicit in, censorship or attempted censorship of protected expression in the United States,” they must pursue a finding that the person is ineligible for the visa. This is a massive policy shift, and honestly, it’s really alarming for the entire tech industry because of how broadly “censorship” is being defined.

The directive calls out H-1B applicants because many of them work in the tech sector, including social media or financial services companies that focus on content moderation. Consular officers are now required to “thoroughly explore” applicants’ work histories, checking resumes, LinkedIn profiles, and media articles. They are specifically looking for involvement in things like content moderation, compliance, fact-checking, combating misinformation or false narratives, and trust and safety.

When fact-checking is frowned upon, you really know what they are afraid of

If you’re not familiar, “trust and safety” is the industry term for the teams focused on preventing abuse, fraud, illegal content, and other harmful behavior online. The administration has been incredibly critical of these teams, claiming they unfairly police what Americans post.

Industry professionals are pushing back hard on this new definition. Alice Goguen Hunsberger, who has worked in trust and safety at major companies like OpenAI and Grindr, said she is “alarmed that trust and safety work is being conflated with ‘censorship’.” She makes a fantastic point: T&S isn’t just about deleting political posts. It includes vital, life-saving work like protecting children from CSAM (child sexual abuse material), preventing financial scams, and stopping sextortion.

So, why is the administration making this move? This directive refers back to a policy announced by Secretary of State Marco Rubio that restricts visas for “foreign officials and persons who are complicit in censoring Americans.” The administration frequently cites the experience of President Trump, who was banned from multiple social media platforms after his supporters’ attack on the Capitol, mentioning which now attracts wrath from the administration.

The State Department is standing by the decision. A spokesperson, who declined to be named, wouldn’t comment on the “allegedly leaked documents,” but made it clear that the administration “defends Americans’ freedom of expression against foreigners who wish to censor them.”

However, First Amendment experts say the policy itself is a potential violation of free speech rights. Carrie DeCell, senior staff attorney and legislative advisor at the Knight First Amendment Institute at Columbia University, called the policy “incoherent and unconstitutional.” She pointed out that people who study misinformation and work on content-moderation teams aren’t actually engaged in censorship; they are engaged in activities that the First Amendment was designed to protect.