Trump's DHS Using Secretive Subpoenas to Demand Critics’ Personal Data: Report

The Department of Homeland Security is using a little-known legal power to surveil and intimidate critics of the Trump administration, according to a harrowing report published Tuesday by the Washington Post.

Experts told the Post that DHS annually issues thousands of "administrative subpoenas," which allow federal agencies to request massive amounts of personal information from third parties—like technology companies and banks—without an order from a judge or a grand jury, and completely unbeknownst to the people whose privacy is being invaded.

As the Post found, even sending a politely critical email to a government official can be enough to have someone's entire life brought under the microscope.

That is what Jon, a 67-year-old retiree living in Philadelphia, who has been a US citizen for nearly three decades, found out after he sent a short email urging a DHS prosecutor, Joseph Dernbach, to reconsider an attempt to deport an Afghan asylum seeker who faced the threat of being killed by the Taliban if he was forced to return to his home country.

In the email, Jon warned Dernbach not to "play Russian roulette" with the man's life and implored him to “apply principles of common sense and decency.”

Just five hours after he sent the email, Jon received a message from Google stating that DHS had used a "subpoena" to request information about his account. Google gave him seven days to respond to the subpoena, but did not provide him with a copy of the document; instead, it told him to request one from DHS.

From there, he was sent on “a maddening, hourslong circuit of answering machines, dead numbers, and uninterested attendants,” which yielded no answers.

Within weeks of sending the email, a pair of DHS agents visited Jon's home and asked him to explain it. They told Jon that his email had not clearly broken any law, but that the DHS prosecutor may have felt threatened by his use of the phrase "Russian Roulette" and his mention of the Taliban.

Days later, after weeks of hitting a wall, Google finally sent Jon a copy of the subpoena only after the company was contacted by a Post reporter. It was then that Jon learned the breadth of what DHS had requested:

Among their demands, which they wanted dating back to Sept. 1: the day, time, and duration of all his online sessions; every associated IP and physical address; a list of each service he used; any alternate usernames and email addresses; the date he opened his account; his credit card, driver’s license, and Social Security numbers.

Google also informed him that it had not yet responded to the subpoena, though the company did not explain why.

But this is unusual. Google and other companies, including Meta, Microsoft, and Amazon, told the Post that they nearly always comply with administrative subpoenas unless they are barred from doing so.

With the ACLU's help, Jon filed a motion in court on Monday to challenge the subpoena issued to Google.

"In a democracy, contacting your government about things you feel strongly about is a fundamental right," Jon said. "I exercised that right to urge my government to take this man's life seriously. For that, I am being investigated, intimidated, and targeted. I hope that by standing up for my rights and sharing my story, others will know what to do when these abusive subpoenas and investigations come knocking on their door."

As the Trump administration uses DHS and other agencies to compile secret watchlists and databases of protesters for surveillance, targets people for deportation based solely on political speech, and asserts its authority to raid residences without a judicial warrant, administrative subpoenas appear to be another weapon in its arsenal against free speech and civil rights.

According to “transparency reports” reviewed by the Post, Google and Meta both received a record number of administrative subpoenas during the first six months of the second Trump administration. In several instances, they have been used to target protesters or other dissidents for First Amendment-protected activity:

In March, Homeland Security issued two administrative subpoenas to Columbia University for information on a student it sought to deport after she took part in pro-Palestinian protests. In July, the agency demanded broad employment records from Harvard University with what the school’s attorneys described as “unprecedented administrative subpoenas.” In September, Homeland Security used one to try to identify Instagram users who posted about [US Immigration and Customs Enforcement] raids in Los Angeles. Last month, the agency used another to demand detailed personal information about some 7,000 workers in a Minnesota health system whose staff had protested Immigration and Customs Enforcement’s intrusion into one of its hospitals.

“These types of abusive subpoenas are designed to intimidate and sow fear of government retaliation," said Stephen A. Loney, a senior supervising attorney for the ACLU of Pennsylvania. "If you can’t criticize a government official without the worry of having your private records gathered and agents knocking on your door, then your First Amendment rights start to feel less guaranteed. They want to bully companies into handing over our data and to chill users’ speech. This is unacceptable in a democratic society.”