Homeland Security uses subpoenas to target Trump critics

The Department of Homeland Security (DHS) has been demanding tech companies turn over user information about critics of the Trump administration, according to reports. The agency has relied on administrative subpoenas to seek identifiable information about individuals running anonymous Instagram accounts. Unlike judicial subpoenas, which require a judge’s approval after showing evidence of a crime, administrative subpoenas are issued directly by federal agencies. This allows investigators to seek a wealth of information about individuals from tech and phone companies in the United States without any judicial oversight.

In one instance, Homeland Security sought the identity of @montcowatch, an anonymous Instagram account based in Pennsylvania. The American Civil Liberties Union (ACLU), representing the account owner, stated there was no evidence of wrongdoing by the @montcowatch account owner. The agency withdrew the subpoena after facing scrutiny. This was not an isolated incident; Bloomberg reported last week on at least four other cases where Homeland Security officials used administrative subpoenas to identify Instagram account owners. The ACLU characterized the subpoenas as part of a broader strategy to intimidate people who document immigration activity or criticize government actions.

A report by The Washington Post on Tuesday revealed that an administrative subpoena was also used to seek information from Google about an American retiree after he sent a critical email to Homeland Security’s lead attorney, Joseph Dernbach, whose email is listed on the Florida Bar’s website. The retiree was described as someone critical of Trump during his first term. Within five hours of emailing the lawyer, the retiree received a notification from Google that his account had been subpoenaed. Two weeks later, Homeland Security agents visited the retiree at his home. Google spokesperson Katelin Jabbari told TechCrunch that the company pushes back against overbroad or improper subpoenas, stating that the company did so in this instance.

Homeland Security assistant secretary Tricia McLaughlin defended the agency’s actions, stating that “HSI has broad administrative subpoena authority under 8 U.S.C. § 1225(d) and 19 U.S.C. § 1509(a)(1) to issue subpoenas,” referring to Homeland Security Investigations, an investigative unit within Immigration and Customs Enforcement (ICE). However, because these subpoenas lack judicial backing, compliance often depends on the tech companies themselves. This reliance on US tech giants has also raised concerns among European consumers and countries seeking to reduce their dependence on American platforms.

Why it matters

The use of administrative subpoenas to bypass judicial oversight creates a privacy risk for users and raises concerns about government intimidation, particularly as tech companies face increasing pressure to comply with data requests.