EFF is suing the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) to disclose records about the agencies'  troubling misuse of administrative subpoenas to demand that online services disclose the identities and personal information of internet users who have criticized or monitored immigrant enforcement activities. 

Section 1509 of the Tariff Act of 1930, 19 U.S.C. § 1509, authorizes U.S. Customs and Border Protection (“CBP”) and ICE to issue administrative summonses to compel the production of records for purposes of determining liability for customs duties, taxes, fees, and other monetary obligations arising from the importation of merchandise into the United States.

Beginning in early 2025, DHS and ICE have issued administrative subpoenas under 19 U.S.C. § 1509 to technology companies, internet platforms,
and service providers, including Google, Meta, Reddit, and Discord, demanding the production of identifying information — including names, email addresses, IP addresses, and device identifiers — for anonymous or pseudonymous social media accounts.

DHS and ICE have targeted individuals and accounts such as community watch pages monitoring ICE activity, social media users sharing information about immigration enforcement operations, attendees at political protests, and persons who communicated directly with DHS officials. In one documented instance, a subpoena was issued to Google within hours after a private citizen sent an email to an ICE attorney; federal agents subsequently appeared at the individual’s home.

The subpoenas are issued without prior judicial authorization and without notice to the persons whose information is sought. Recipients may move to quash, but DHS and ICE have repeatedly withdrawn subpoenas before any court could rule on their legality, thereby evading judicial review. No court has sustained the use of 19 U.S.C. § 1509 authority in this context.

EFF's FOIA requests seek records that would reflect DHS and ICE policies, legal guidance, and any training materials that govern the use of these administrative subpoenas. The FOIA also seeks records reflecting who in the agencies authorized or approved the use of administrative subpoenas to unmask people engaged in protected First Amendment expression. The FOIA request also seeks records that would show how many administrative subpoenas the agencies have issued to target online critics, as well as any internal audits, review, or criticism of using administrative subpoenas in this way.