DHS Has Used This Controversial Investigative Tool 185,000 Times Since Trump Took Office
To put HSI’s estimate into perspective, a previous WIRED analysis found that in the more than six and a half years from the start of 2016 to mid-August 2022, ICE agents only sent out around 170,000 of a type of administrative subpoena called a 1509 customs summons. The number of administrative subpoenas was revealed as part of a Freedom of Information Act lawsuit against the Department of Homeland Security filed by the Electronic Frontier Foundation. Aaron Mackey, deputy legal director at the nonprofit, says the EFF hopes to get more details about the 185,000 estimate. The EFF originally asked for information about how many administrative subpoenas were sent to technology companies, internet platforms, and service providers by ICE or DHS since January 20, 2025. It’s not clear if that count is just for administrative subpoenas sent to those types of companies or if it includes a much broader set. Administrative subpoenas are a powerful but unchecked investigative tool. Unlike with a grand jury subpoena or a court order, the government doesn’t have to explain to the courts why it needs the documents or what data it’s requesting from a company. Since the start of the Trump administration, the federal government has used DHS’s administrative subpoena power to try to unmask anonymous online critics and pursue broad customer records about protesters. This includes, for example, a lis...
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DHS Has Used This Controversial Investigative Tool 185,000 Times Since Trump Took Office
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To put HSI’s estimate into perspective, a previous WIRED analysis found that in the more than six and a half years from the start of 2016 to mid-August 2022, ICE agents only sent out around 170,000 of a type of administrative subpoena called a 1509 customs summons. The number of administrative subpoenas was revealed as part of a Freedom of Information Act lawsuit against the Department of Homeland Security filed by the Electronic Frontier Foundation. Aaron Mackey, deputy legal director at the nonprofit, says the EFF hopes to get more details about the 185,000 estimate. The EFF originally asked for information about how many administrative subpoenas were sent to technology companies, internet platforms, and service providers by ICE or DHS since January 20, 2025. It’s not clear if that count is just for administrative subpoenas sent to those types of companies or if it includes a much broader set. Administrative subpoenas are a powerful but unchecked investigative tool. Unlike with a grand jury subpoena or a court order, the government doesn’t have to explain to the courts why it needs the documents or what data it’s requesting from a company. Since the start of the Trump administration, the federal government has used DHS’s administrative subpoena power to try to unmask anonymous online critics and pursue broad customer records about protesters. This includes, for example, a lis...