FOIA Request Regarding DHS "Unmasking" Subpoenas
The American Civil Liberties Union of Pennsylvania has filed a complaint in the federal district court for the Eastern District of Pennsylvania under the Freedom Of Information Act (FOIA) to obtain more information about the Department of Homeland Security’s (DHS) use of administrative subpoenas to unmask the identities of people online and intimidate individuals who are critical of the federal government. ACLU-PA has represented two clients who have been targets of DHS subpoenas. In both cases, DHS ended its investigations once they were challenged in court.
In February of this year, the ACLU of Pennsylvania submitted a request to ICE under the Freedom of Information Act, seeking records of "unmasking" subpoenas from 2024 to the present. ICE did not respond to this request, nor did the agency confirm receipt or request an extension.
Our case states that ICE has a statutory obligation under FOIA to respond to our request and asks the court to order ICE to immediately make a complete search for all responsive records and fulfill our request.