Tech Companies Urged to Resist DHS Subpoenas Targeting Users

EFF calls on major platforms to protect free speech by challenging unlawful government demands for user data.

Published on Feb. 10, 2026

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The Electronic Frontier Foundation (EFF) is urging technology companies like Meta and Google to resist unlawful administrative subpoenas from the Department of Homeland Security (DHS) that target users engaged in First Amendment activities. The EFF claims DHS has been issuing these subpoenas to unmask or locate people who have documented ICE's activities, criticized the government, or attended protests. The organization is asking tech firms to insist on court intervention before complying with subpoenas, provide users with notice, and resist gag orders that would prevent notifying targets.

Why it matters

These subpoenas from DHS raise concerns about government overreach and the chilling effect on free speech and civic engagement. By resisting unlawful demands for user data, tech companies can help protect the rights of individuals to express dissent and document government actions without fear of retaliation.

The details

EFF claims DHS has used these administrative subpoenas to target people engaged in First Amendment-protected activities, such as a Cornell PhD student who briefly attended a protest, anonymous Instagram users tracking ICE activity, and a retiree who criticized the agency's policies. The organization argues these subpoenas are unlawful, and the government knows it, as DHS has withdrawn them when users challenged them in court with the help of ACLU affiliates.

  • In the past year, DHS has consistently targeted people engaged in First Amendment activity with these subpoenas.
  • In April 2025, DHS sent a subpoena to Google in an attempt to locate a Cornell PhD student.
  • In September 2025, DHS sent a subpoena and summons to Meta to try to unmask anonymous users behind Instagram accounts tracking ICE activity.
  • In October 2025, DHS sent Google a subpoena demanding information about a retiree who criticized the agency's policies.

The players

Electronic Frontier Foundation (EFF)

A non-profit organization that defends civil liberties in the digital world, including by challenging government overreach and protecting free speech online.

Department of Homeland Security (DHS)

A federal executive department responsible for public security, including immigration enforcement, that has been issuing unlawful administrative subpoenas to tech companies.

Meta

The parent company of social media platforms like Facebook and Instagram.

Google

A multinational technology company that operates search engines, online advertising technologies, cloud computing, software, and hardware.

ACLU

The American Civil Liberties Union, a non-profit organization that defends individual rights and liberties, including by challenging government overreach in court.

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What they’re saying

“We are calling on technology companies like Meta and Google to stand up for their users by resisting the Department of Homeland Security's (DHS) lawless administrative subpoenas for user data.”

— EFF (eff.org)

“These subpoenas are unlawful, and the government knowns it.”

— EFF (eff.org)

What’s next

The EFF and ACLU affiliates will continue to challenge DHS subpoenas in court, and are calling on tech companies to resist complying with these unlawful demands for user data without a court order.

The takeaway

This case highlights the need for tech companies to take a stronger stance in protecting user privacy and free speech rights, even in the face of government overreach, in order to uphold democratic principles and prevent the chilling of civic engagement.