Sen. Ron Wyden, D-Ore., is calling on the Department of Homeland Security to cease what he describes as an illegal abuse of customs law to reveal the identities of social media accounts tracking the activity of ICE agents, according to a letter shared with The Intercept.
This case hinges on a recent effort by the Trump administration to unmask Instagram and Facebook accounts monitoring immigration agents in Montgomery County, Pennsylvania. It’s not the first effort of its kind by federal authorities.
In 2017, The Intercept reported an attempt by U.S. Customs and Border Protection to reveal the identity of the operator of a Twitter account critical of President Donald Trump by invoking, without explanation, its legal authority to investigate the collection of tariffs and import duties. Following public outcry and scrutiny from Wyden, the Department of Homeland Security rescinded its legal summons and launched an internal investigation.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 by CBP officials, including murder, theft, and corruption,” it had issued its legal demand to Twitter based only on its legal authority for the “ascertainment, collection, and recovery of customs duties.”
The report concluded that CBP’s purpose in issuing the summons to Twitter was unrelated to the importation of merchandise or the assessment and collection of customs duties,” and thus “may have exceeded the scope of its authority.” The OIG proposed a handful of reforms, to which CBP agreed, including a new policy that all summonses be reviewed for “legal sufficiency” and receive a sign-off from CBP’s Office of Professional Responsibility.
Eight years and another Trump term later, CBP is at it again. In October, 404 Media reported that DHS was once again invoking its authority to investigate merchandise imports in a bid to force Meta to disclose the identity of MontCo Community Watch, a Facebook and Instagram account that tracks the actions of immigration authorities north of Philadelphia. A federal judge temporarily blocked Meta from disclosing user data in response to the summons.
In a letter sent Friday to DHS Secretary Kristi Noem, Wyden asked the government to cease what he describes as “manifestly improper use of this customs investigatory authority,” writing that “DHS appears to be abusing this authority to repress First Amendment protected speech.”
The letter refers to the 2017 OIG report, noting that CBP “has a history of improperly using this summons authority to obtain records unrelated to import of merchandise or customs duties. … The Meta Summonses appear to be unrelated to the enforcement of customs laws. On the contrary, DHS apparently is trying to expose an individual’s identity in order to chill criticism of the Trump Administration’s immigration policies.” Wyden concludes with a request to Noem to “rescind these unlawful summonses and to ensure that DHS complies with statutory limitations on the use of 19 U.S.C. § 1509 going forward.”
The MontCo Community Watch effort followed an earlier attempt this year to unmask another Instagram account that shared First Amendment-protected imagery of ICE agents in public. This subpoena, first reported by The Intercept, focused not on merchandise imports. Instead it invoked law “relating to the privilege of any person to enter, reenter, reside in, or pass through the United States,” even though the subpoena was issued pertaining to “officer safety,” not immigration enforcement.
DHS did not immediately respond to a request for comment
IT’S EVEN WORSE THAN WE THOUGHT.
What we’re seeing right now from Donald Trump is a full-on authoritarian takeover of the U.S. government.
This is not hyperbole.
Court orders are being ignored. MAGA loyalists have been put in charge of the military and federal law enforcement agencies. The Department of Government Efficiency has stripped Congress of its power of the purse. News outlets that challenge Trump have been banished or put under investigation.
Yet far too many are still covering Trump’s assault on democracy like politics as usual, with flattering headlines describing Trump as “unconventional,” “testing the boundaries,” and “aggressively flexing power.”
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IT’S BEEN A DEVASTATING year for journalism — the worst in modern U.S. history.
We have a president with utter contempt for truth aggressively using the government’s full powers to dismantle the free press. Corporate news outlets have cowered, becoming accessories in Trump’s project to create a post-truth America. Right-wing billionaires have pounced, buying up media organizations and rebuilding the information environment to their liking.
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I’M BEN MUESSIG, The Intercept’s editor-in-chief. It’s been a devastating year for journalism — the worst in modern U.S. history.
We have a president with utter contempt for truth aggressively using the government’s full powers to dismantle the free press. Corporate news outlets have cowered, becoming accessories in Trump’s project to create a post-truth America. Right-wing billionaires have pounced, buying up media organizations and rebuilding the information environment to their liking.
In this most perilous moment for democracy, The Intercept is fighting back. But to do so effectively, we need to grow.
That’s where you come in. Will you help us expand our reporting capacity in time to hit the ground running in 2026?
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