US Senator Ron Wyden has taken aim at DHS Secretary Kristi Noem, accusing her of abusing customs law to unmask social media accounts tracking the activity of ICE agents.
In a letter sent on Friday, Wyden called for an end to what he described as "manifestly improper use" of this authority, writing that "DHS appears to be abusing this authority to repress First Amendment protected speech." The move comes in response to a recent effort by the Trump administration to unmask Instagram and Facebook accounts monitoring immigration agents in Montgomery County, Pennsylvania.
This is not an isolated incident, as similar efforts have been reported in the past. In 2017, CBP attempted to reveal the identity of the operator of a Twitter account critical of President Donald Trump, invoking customs law without explanation. Following public outcry, DHS rescinded its legal summons and launched an internal investigation.
A subsequent report by the DHS Office of Inspector General found that while CBP had initially claimed it needed the account's identity to "investigate possible criminal violations," it had issued its legal demand based solely on its authority for customs duties collection. The OIG proposed reforms, which CBP agreed to, including a new policy requiring all summonses be reviewed for "legal sufficiency" and receive a sign-off from CBP's Office of Professional Responsibility.
Wyden's letter specifically highlights the case involving Meta, where DHS issued a summons to force the social media platform to disclose the identity of MontCo Community Watch, an account tracking immigration authorities north of Philadelphia. The summons was temporarily blocked by a federal judge in response to concerns about its constitutionality.
Wyden has requested that Noem rescind these unlawful summonses and ensure DHS complies with statutory limitations on using customs law to investigate non-import related activities.
In a letter sent on Friday, Wyden called for an end to what he described as "manifestly improper use" of this authority, writing that "DHS appears to be abusing this authority to repress First Amendment protected speech." The move comes in response to a recent effort by the Trump administration to unmask Instagram and Facebook accounts monitoring immigration agents in Montgomery County, Pennsylvania.
This is not an isolated incident, as similar efforts have been reported in the past. In 2017, CBP attempted to reveal the identity of the operator of a Twitter account critical of President Donald Trump, invoking customs law without explanation. Following public outcry, DHS rescinded its legal summons and launched an internal investigation.
A subsequent report by the DHS Office of Inspector General found that while CBP had initially claimed it needed the account's identity to "investigate possible criminal violations," it had issued its legal demand based solely on its authority for customs duties collection. The OIG proposed reforms, which CBP agreed to, including a new policy requiring all summonses be reviewed for "legal sufficiency" and receive a sign-off from CBP's Office of Professional Responsibility.
Wyden's letter specifically highlights the case involving Meta, where DHS issued a summons to force the social media platform to disclose the identity of MontCo Community Watch, an account tracking immigration authorities north of Philadelphia. The summons was temporarily blocked by a federal judge in response to concerns about its constitutionality.
Wyden has requested that Noem rescind these unlawful summonses and ensure DHS complies with statutory limitations on using customs law to investigate non-import related activities.