From WIRED · Maddy Varner · · 1m 50s
DHS has issued 185,000 subpoenas since Trump took office
Homeland Security Investigations has dramatically escalated its use of administrative subpoenas, a warrantless investigative tool, raising concerns about surveillance overreach.
In brief
Homeland Security Investigations has dramatically escalated its use of administrative subpoenas, a warrantless investigative tool, raising concerns about surveillance overreach. Homeland Security Investigations has sent 185,000 administrative subpoenas since Trump took office, far exceeding prior years and prompting…
185,000 subpoenas in one year
Homeland Security Investigations estimates it has sent at least 185,000 administrative subpoenas since the start of the Trump administration, according to a court filing.
A dramatic increase from prior years
From January 2016 to August 2022, ICE agents sent around 170,000 of these subpoenas over six and a half years. HSI reached that number in one year.
What is an administrative subpoena
Administrative subpoenas are a powerful investigative tool. Unlike grand jury subpoenas or court orders, the government does not have to explain to courts why it needs documents or what data it is requesting.
How they have been used
Since Trump took office, DHS has used administrative subpoenas to unmask anonymous online critics and pursue broad customer records about protesters, including a list of people who bought a specific green beanie from REI.
The Trump administration's new argument
The Trump administration recently argued in court that because Customs Service powers were transferred to DHS, it can use that power to tackle its broad investigative portfolio beyond legacy customs and immigration enforcement.
Why the increase is so dramatic
ICE did not explain the surge, but Aaron Mackey of the Electronic Frontier Foundation speculates there is virtually no downside to filing them.
Senator Wyden calls for legislation
Senator Ron Wyden of Oregon says the numbers amount to dragnet domestic surveillance and plans to use the Senate Finance Committee to investigate HSI's use of customs law.He is pushing his Subpoena Abuse Prevention Act.
“The numbers reported to EFF amount to a dragnet domestic surveillance program by Trump's Homeland Security Department.”
The big picture
Homeland Security Investigations has sent 185,000 administrative subpoenas since Trump took office, far exceeding prior years and prompting concerns about unchecked surveillance authority.
