Social media users who post ICE enforcement updates could face subpoenas

Social media users who share ICE enforcement posts or real-time updates of agents’ locations may face administrative subpoenas, according to recent federal actions.

Federal officials argue that such posts can interfere with enforcement and endanger officers. However, critics warn the move could raise concerns about free speech.

According to reports by The New York Times and Military.com, the Department of Homeland Security (DHS) has in recent months sought hundreds of administrative subpoenas. The agency has asked major technology companies, including Google, Meta (operator of Facebook and Instagram), Reddit, and Discord, to provide identifying information linked to specific accounts.

The requested data includes names, email addresses, phone numbers, ZIP codes, account registration history and IP addresses. In addition, anonymous accounts are also subject to review. Authorities have reportedly focused on accounts that post or track the locations and activities of U.S. Immigration and Customs Enforcement (ICE) officers.

Tech companies have said they review such requests on a case-by-case basis. Google stated that it challenges overly broad or unlawful demands and notifies users unless legally prohibited. Meta and Reddit have similarly indicated they evaluate the legality of requests before releasing user information.

Users who receive notice of a subpoena may challenge it in court. Typically, they are given 10 to 14 days to respond.

The federal government’s actions align with last year’s requirement that U.S. visa applicants disclose social media accounts. Therefore, online activity is drawing closer scrutiny in immigration contexts.

Immigration attorney Brian Wanseuk Oh cautioned that social media posts may have broader consequences. He said that for non-citizens with pending immigration matters, online activity could become part of the review process. Even U.S. citizens, he noted, may face investigations if authorities believe posts about ICE enforcement posts obstruct official duties.

Oh added that while such posts may fall under free expression, authorities could interpret certain activity as obstruction or aiding unlawful conduct.

Attorney Jung Hoon Song emphasized the distinction between investigation and prosecution. He said policy criticism of ICE generally constitutes protected political speech. However, if the government determines a connection to enforcement activities, it may initiate an inquiry. He advised recipients of administrative subpoenas to consult legal counsel before responding.

One case illustrates the issue. Last year, DHS requested information from Meta about the operators of a Facebook and Instagram account called “Montgomery County Community Watch.”

The Pennsylvania-based account shared ICE sightings in English and Spanish with about 10,000 followers. Meta notified the account holder in October, and the operator, with assistance from the American Civil Liberties Union (ACLU), sought to quash the subpoena in court.

Meanwhile, federal immigration enforcement is expanding. According to NPR, the federal government has significantly increased its use of 287(g) agreements. These agreements allow local law enforcement agencies to assist in immigration enforcement. The number of agreements has grown from 45 in 2019 to 1,412 across 40 states as of February this year.

DHS maintains that administrative subpoenas serve to protect officer safety. The agency states that it holds broad authority to issue such subpoenas.

BY HANKIL KANG  [kang.hankil@koreadaily.com]