Senator Ron Wyden has slammed Homeland Security Secretary Kristi Noem for using customs law to reveal the identities of social media accounts tracking the activity of ICE agents. In a letter, Wyden demands that DHS cease its "manifestly improper use" of this authority, arguing that it is being abused to repress First Amendment-protected speech.
The controversy centers on two recent efforts by the Trump administration to unmask Instagram and Facebook accounts monitoring immigration agents in Montgomery County, Pennsylvania. The first attempt was made last year, when Customs and Border Protection (CBP) used its legal authority to reveal the identity of a Twitter account critical of President Donald Trump. Following public outcry, CBP rescinded its summons and launched an internal investigation.
A subsequent report by the DHS Office of Inspector General found that CBP had initially claimed it needed the account's identity to investigate "possible criminal violations" by CBP officials, including murder, theft, and corruption. However, the OIG concluded that this was unrelated to the importation of merchandise or customs duties, suggesting that CBP may have exceeded its authority.
This summer, CBP attempted again to unmask an Instagram account sharing First Amendment-protected imagery of ICE agents in public. The subpoena invoked law "relating to the privilege of any person to enter, reenter, reside in, or pass through the United States," even though it was issued pertaining to "officer safety" rather than immigration enforcement.
Wyden's letter notes that this is not an isolated incident and that CBP has a history of improperly using its summons authority to obtain records unrelated to import of merchandise or customs duties. The senator calls on Noem to rescind the unlawful summonses and ensure that DHS complies with statutory limitations on the use of customs law.
The Intercept reported that Meta, Facebook's parent company, was temporarily blocked from disclosing user data in response to a federal judge's ruling against the summons.
The controversy centers on two recent efforts by the Trump administration to unmask Instagram and Facebook accounts monitoring immigration agents in Montgomery County, Pennsylvania. The first attempt was made last year, when Customs and Border Protection (CBP) used its legal authority to reveal the identity of a Twitter account critical of President Donald Trump. Following public outcry, CBP rescinded its summons and launched an internal investigation.
A subsequent report by the DHS Office of Inspector General found that CBP had initially claimed it needed the account's identity to investigate "possible criminal violations" by CBP officials, including murder, theft, and corruption. However, the OIG concluded that this was unrelated to the importation of merchandise or customs duties, suggesting that CBP may have exceeded its authority.
This summer, CBP attempted again to unmask an Instagram account sharing First Amendment-protected imagery of ICE agents in public. The subpoena invoked law "relating to the privilege of any person to enter, reenter, reside in, or pass through the United States," even though it was issued pertaining to "officer safety" rather than immigration enforcement.
Wyden's letter notes that this is not an isolated incident and that CBP has a history of improperly using its summons authority to obtain records unrelated to import of merchandise or customs duties. The senator calls on Noem to rescind the unlawful summonses and ensure that DHS complies with statutory limitations on the use of customs law.
The Intercept reported that Meta, Facebook's parent company, was temporarily blocked from disclosing user data in response to a federal judge's ruling against the summons.