Homeland Security Investigations has reportedly issued more administrative subpoenas since January 2025 than in over six years prior, utilizing an investigative tool that does not require judicial oversight and has drawn criticism for potential abuses.
- DHS issued approximately 185,000 administrative subpoenas since January 2025.
- Tool historically for customs, now used for wide-ranging investigations.
- Concerns raised about privacy and lack of court oversight.
What happened
Since January 2025, Homeland Security Investigations (HSI) has sent out an estimated 185,000 administrative subpoenas, exceeding the total number sent in more than six and a half years prior. These subpoenas, known as 1509 customs summons, allow the agency to demand records without obtaining a court order or providing detailed justification to a judge.
Originally designed to help the U.S. Customs Service verify import duties, these subpoenas were transferred to DHS when it was formed in 2003. Under the Trump administration, DHS has expanded their use beyond customs-related matters to conduct broad investigations, including efforts to unmask anonymous online critics and gather extensive customer data related to protests.
Why it matters
The administrative subpoena is a powerful investigative tool that lacks the judicial checks typically required for subpoenas or court orders. This absence of oversight raises significant civil liberties concerns, especially given the recent surge in their use by DHS for non-customs enforcement purposes.
Privacy advocates and lawmakers have criticized the practice as a form of dragnet surveillance, with some highlighting specific incidents where subpoenas were used to collect data with questionable connections to customs violations, such as identifying protesters or social media users.
What to watch next
The Electronic Frontier Foundation’s ongoing Freedom of Information Act lawsuit seeks more transparency around the nature and targets of these subpoenas. Meanwhile, lawmakers like Senator Ron Wyden are pushing for legislative reforms to limit federal subpoena powers and introduce accountability mechanisms to prevent abuse.
Further scrutiny is expected as congressional committees prepare investigations into DHS’s use of these subpoenas, and as debates continue over balancing investigative authority with privacy rights in the digital era.