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ACLU Moves to Block DHS Subpoena for Google Records After Citizen’s Email to Prosecutor

The civil liberties group says the demand chills lawful criticism of an immigration case.

Overview

  • Homeland Security issued an administrative subpoena to Google for records tied to a retiree’s account shortly after he emailed immigration prosecutor Joseph Dernbach about an Afghan deportation case.
  • Two DHS agents visited the man at his Philadelphia home, showed him a copy of his message, questioned him for about 20 minutes, and agreed his note did not appear criminal.
  • The subpoena sought detailed account logs dating back to September and personal identifiers, while agents said an administrative subpoena could not obtain email or other content.
  • Google alerted the user that it had received legal process and later told him it had not yet responded, despite a government request that he not be notified.
  • The ACLU filed a pro bono motion to block disclosure, arguing DHS exceeded statutory limits on immigration subpoenas and chilled protected speech under the First Amendment.