Security agencies in the United States have been quietly pressuring technology companies to hand over user data linked to individuals critical of the Trump administration, according to multiple media reports. In recent months, the Department of Homeland Security has relied on administrative subpoenas to seek identifying details of anonymous Instagram accounts that share alerts about ICE immigration raids and post content opposing government policies
These administrative subpoenas differ from judicial subpoenas because they do not require approval from a judge. Issued directly by federal agencies, they allow officials to request extensive user information from technology and telecom companies without court oversight. While such subpoenas cannot access email content, search history, or location data, they can demand login times, IP addresses, devices used, email details and other identifying data connected to online accounts. Companies ultimately decide whether to comply, as these requests are not backed by court orders.
A recent report by a news agency revealed that Homeland Security attempted to identify the owner of an anonymous Instagram account that shared information on immigrant rights in Montgomery County, Pennsylvania. Lawyers sent an administrative subpoena to a social media company, citing a claim that ICE agents were being stalked. The American Civil Liberties Union, representing the account holder, said there was no evidence of wrongdoing and stated the subpoena was “part of a broader strategy to intimidate people who document immigration activity or criticize government actions.” The subpoena was later withdrawn without explanation. Similar attempts involving at least 4 other critical Instagram accounts were also dropped after legal challenges.
Another media investigation found that Homeland Security used an administrative subpoena to seek data from a major search company within 5 hours of an American retiree sending a critical email to the agency’s lead attorney. The subpoena requested detailed account activity, personal identifiers and linked services. Federal agents later visited the retiree’s home, though they admitted no laws were broken. The search company said it challenged the request, while Homeland Security declined to explain the purpose of these actions. Officials stated, “HSI has broad administrative subpoena authority under 8 U.S.C. § 1225(d) and 19 U.S.C. § 1509(a)(1) to issue subpoenas.” Privacy advocates warn that such practices may chill free speech, even as some encrypted platforms say they cannot share data they do not collect.
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