Reps. Kelly, Jayapal leads 26 members of Congress in letter to major tech, telecom companies about how they handle DHS administrative subpoenas

Source: United States House of Representatives – Congresswoman Robin Kelly IL

Administrative subpoenas from Homeland Security are issued without a judge, used to suppress free speech

WASHINGTON – U.S. Reps. Robin Kelly (IL-02) and Pramila Jayapal (WA-07) led 26 Members of Congress in aletter to major technology and telecom companies, inquiring how they respond, track, and comply with administrative subpoenas from the Department of Homeland Security (DHS). As first reported by the Washington Post, administrative subpoenas are not widely known, but are a powerful weapon utilized by DHS to gather personal information on Americans. Under the Trump administration, administrative subpoenas have been used against people attending pro-Palestinian or anti-ICE protests.

“Administrative subpoenas allow federal agencies to demand the disclosure of records without prior judicial approval,” the members wrote in the letter. “Recent incidents demonstrate that DHS has used this authority to identify, surveil, and intimidate individuals based on speech and political expression protected by the First Amendment…These practices undermine public trust in both law enforcement and the private companies entrusted with Americans’ personal data.”

The letter was sent to the CEOs of Apple, Snapchat, Google, Meta, TikTok, Microsoft, X, AT&T, Verizon, and T-Mobile.

“The companies that receive these subpoenas serve a critical position,” the members continued. “Decisions to comply, challenge, or narrow government demands determine whether constitutional protections are meaningfully upheld. Companies’ decisions whether or not to provide notice to the affected individuals impacts whether they can exercise their free speech rights.”

The American Civil Liberties Union also endorsed the letter.

In addition to Reps. Kelly and Jayapal, these members signed the letter: Eleanor Holmes Norton, Danny K. Davis, Becca Balint, Madeleine Dean, Zoe Lofgren, Seth Moulton, Jesús G. “Chuy” García, Dan Goldman, Debbie Dingell, Emily Randall, Nydia M. Velázquez, Lloyd Doggett, André Carson, Rashida Tlaib, Mary Gay Scanlon, Maxine Dexter, Delia C. Ramirez, Seth Magaziner, Greg Casar, Sara Jacobs, Stephen F. Lynch, Summer L. Lee, Jasmine Crockett, Emanuel Cleaver II, Lauren Underwood, and Jan Schakowsky.