ICE Seeks User Data from Social Media Platforms Criticizing Agency

The U.S. Department of Homeland Security (DHS) has been requesting personal information from social media platforms about users who publicly criticize U.S. Immigration and Customs Enforcement (ICE), raising concerns about freedom of speech and government overreach.

DHS Administrative Subpoenas

In recent months, DHS has issued “hundreds of administrative subpoenas” to technology companies, including Google, Reddit, Discord, Meta (Facebook and Instagram), seeking names, email addresses, phone numbers, and other identifying information associated with social media accounts that operate, track, or criticize ICE.

Unlike an arrest warrant, an administrative subpoena is issued directly by DHS and does not require judicial approval. Previously, these subpoenas were used less frequently and primarily for investigating serious crimes like child trafficking. However, DHS began significantly increasing the tracking of anonymous social media accounts last year.

Civil Liberties Concerns

The American Civil Liberties Union (ACLU) has raised concerns about the legality and scope of these requests. Steve Loney, a senior attorney with the ACLU of Pennsylvania, stated that the government’s approach is “more haphazard, more frequent and less accountable than in the past.”

The ACLU argued in court that the information was collected to protect the safety of ICE agents while on duty. DHS maintains it has “broad administrative subpoena powers” but has not responded to specific inquiries regarding the requests.

In one case, DHS issued a subpoena to Meta requesting the identity of the person behind an Instagram account posting content related to ICE raids in California. The subpoena was withdrawn before a judge could rule, after the ACLU argued it violated constitutional rights to free speech and anonymity.

Another subpoena targeted a Facebook and Instagram account, “Montco Community Watch,” which tracked ICE activity in Montgomery County, Pennsylvania, posting information in both Spanish and English. DHS requested identifying information about the account holders, prompting the ACLU to file a motion to withdraw the request, which was ultimately successful.

Border Scrutiny of Social Media

Increased scrutiny extends to individuals entering the U.S., with border officials examining the social media accounts of international students and undocumented immigrants.

In June 2025, a Norwegian tourist was denied entry to the U.S. After ICE officials questioned him about a meme referencing U.S. Vice President J.D. Vance. DHS later stated the denial was due to admitted past drug use, not the political content.

A French scientist was also denied entry in March 2025 while attempting to attend a conference in Houston, due to messages on their phone critical of the Trump administration’s policies.

Traveler Precautions

The ACLU advises travelers to exercise caution, potentially keeping contact information for a lawyer readily available and limiting sensitive content on their electronic devices, as border officials have the discretion to deny entry or detain travelers for up to 90 days.