ACLU Sues ICE and DHS Over FOIA Requests for Subpoena Records

Two lawsuits were filed recently to force Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) to turn over information regarding their use of administrative subpoenas, Reason reported. U.S. District Court of the District of Columbia against ICE and DHS after both agencies ignored an additional Freedom of Information Act (FOIA) request for unmasking subpoena records.

'These subpoenas are dangerous because they don't require judges' approval,' EFF wrote in a statement about the filing. The American Civil Liberties Union (ACLU) of Pennsylvania filed a FOIA request in February 2026 for records concerning unmasking subpoenas as part of an investigation into efforts by DHS through ICE to unmask anonymous social media users because of the content of their speech.

ACLU Pennsylvania represented two Montgomery County residents whose personal data were requested in unmasking subpoenas in 2025 over speech. One subpoena was issued for an individual who runs the ICE monitoring Montco Community Watch Instagram and Facebook pages.

Another subpoena was issued for a man who emailed a government prosecutor urging common sense and decency in an immigration case involving an Afghan man expected to be killed by the Taliban if deported.

Google informed the man that DHS sought his identifying information. DHS dropped both subpoenas when challenged in court. An attorney with ACLU Pennsylvania told The Philadelphia Inquirer that it is unknown how many unconstitutional unmasking subpoenas have been issued or complied with, in part because it is left up to tech companies to inform users of the requests.

Tech companies have seen an increased number of administrative subpoenas from DHS and ICE since January 2025 demanding identifying information of certain users, including names, email addresses, phone numbers, and other identifying information. Tech companies including Google, Reddit, Discord, and Meta received hundreds of unmasking subpoenas in recent months, according to The New York Times.

Administrative subpoenas issued by DHS do not require judicial approval.

Unmasking subpoenas have historically been used to investigate serious crimes like child trafficking, as reported by The New York Times. President Donald Trump retook office in January 2025.