On August 25, 2025, President Trump signed Executive Order 14341, titled “Prosecuting Burning of the American Flag,” directing the Department of Justice to prioritize prosecution of flag desecration when it coincides with violations of existing federal, state, or local laws, and instructing the Attorney General to pursue litigation to challenge First Amendment protections established in Texas v. Johnson (1989). The order also directs the State Department and Department of Homeland Security to deny, revoke, or terminate visas, residence permits, and naturalization proceedings for foreign nationals who engage in flag desecration. While the order focuses on protest activity, its broad language regarding “flag desecration” and targeting of foreign nationals could create a chilling effect on symbolic and artistic expression, particularly among immigrant artists and cultural workers engaging in political or protest-themed work. Civil liberties organizations immediately challenged the order as unconstitutional selective enforcement of protected speech.

USCIS issued Policy Alert PA-2025-16 directing officers to assign “overwhelmingly negative discretionary weight” to evidence that immigration applicants have “endorsed, promoted, supported, or otherwise espoused” anti-American, antisemitic, or terrorist ideologies when adjudicating benefit requests. The policy applies to discretionary immigration benefits including adjustment of status, work authorization, status changes and extensions, and affects international arts students (F-1), cultural exchange participants (J-1), and artists seeking work permits (H-1B, O-1). Officers review applicants’ social media and online activity for content deemed anti-American, creating a chilling effect on artistic and political expression for cultural workers in the US immigration system. Rights groups have warned that the vaguely defined standard of “anti-American ideologies” grants officers broad discretion to deny applications if the applicant holds views that, while peaceful, may be out of favor with the current Presidential administration.

The State Department issued a press release and corresponding cable requiring all F, M, and J visa applicants to set all social media profiles to “public” for consular officer review of their “entire online presence.” Officers must temporarily refuse cases under INA § 221(g) to conduct post-interview vetting screening for “hostile attitudes toward U.S. citizens, culture, government, institutions, or founding principles.” This policy creates substantial barriers and processing delays for international students and cultural exchange participants, effectively screening artistic and political expression as a visa eligibility criterion. The requirement forces artists, musicians, theater practitioners, and students to expose all online content to government surveillance and self-censor expression to obtain visas for studying or participating in cultural exchange in the United States. Human rights organizations have raised concerns that this barrier to entry may be used to discriminate against visa applicants whose views or beliefs do not align with the current Presidential administration.

Presidential Proclamation 10949 established travel restrictions on 19 countries, with full entry suspension for 12 countries (Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen) and partial suspension for 7 countries (Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, Venezuela) restricting immigrant visas and B (visitor), F (student), M (vocational), and J (cultural exchange) nonimmigrant visas. The proclamation directly limits cultural exchange and artistic mobility, preventing international artists, students at arts universities, and cultural exchange participants from these countries from entering the United States. Valid visas issued before June 9, 2025 remain valid, but nationals from these countries cannot obtain new visas except through narrow national interest exceptions. A federal judge has already limited the June 4, 2025 travel-ban proclamation (Proclamation 10949) by ruling that the government cannot use it to block entry for 80 previously vetted refugees, showing that courts are scrutinizing its application even though the proclamation itself remains in effect.

On April 2, 2025, U.S. Citizenship and Immigration Services (USCIS) updated its Policy Manual to recognize only two “biological sexes”—male and female—based on birth certificates issued at or near time of birth, pursuant to Executive Order 14168 “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” signed January 20, 2025. The policy eliminates the “X” gender marker option and requires all immigration benefit applications to indicate sex as male or female based on birth records. The policy directly impacts transgender and nonbinary artists, including US citizens and those applying for O-1, P-1, P-3, and other work visas. Canadian musician Bells Larsen, whose album explores trans experience, canceled his June 2025 U.S. tour after receiving guidance from the American Federation of Musicians that applicants with gender markers changed from birth certificates would face visa difficulties. The policy applies to all pending and new applications filed on or after April 2, 2025.

Secretary of State Marco Rubio issued a cable titled “Action Request: Enhanced Screening and Social Media Vetting for Visa Applicants” requiring consular officers to refer all F-1 (academic student), J-1 (exchange visitor), and M-1 (vocational student) visa applicants to Fraud Prevention Units for mandatory social media checks. The cable requires consular officers to refer all F-1, M-1, and J-1 visa applicants to Fraud Prevention Units for mandatory social media checks, with particular focus on applicants who held student/exchange visas between October 7, 2023 and August 31, 2024. Officers must screen for terrorism-related ineligibilities, which the cable states may be evident in ‘conduct that bears a hostile attitude toward U.S. citizens or U.S. culture (including government, institutions, or founding principles). This policy directly impacts international students attending U.S. conservatories, theater programs, and arts universities, as well as cultural exchange participants including musicians, dancers, visual artists, and theater practitioners participating in J-1 exchange programs. The requirement creates a chilling effect on artistic and political expression as a condition for visa eligibility. The New York Times reported that more than 800 students lost their visas as a result of this policy as of April 2025.