Enia @eniatitova@sfba.social
Public

I’m seeing people start to take interest in ICE subpoenas. They are understandably new to many of you. But I used to respond to subpoenas in my old job, and would occasionally receive an ICE subpoena.

The first time I got one, I remember thinking “huh. I didn’t realize DHS had an independent subpoena power.” So I went and looked up the enacting statute. *Like any lawyer in my position is supposed to do!*

and I figured out pretty quickly that the subpoenas requested information that was waaaaay beyond the scope of enacting statute which permits them to be used *only* to obtain information “relating to the privilege of any person to enter, reenter, reside in, or pass through the United States or concerning any matter which is material and relevant to the enforcement of this chapter.” 8 U.S. Code § 1225(d).

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Enia @eniatitova@sfba.social
Public

and as many people have pointed out already, ICE subpoenas are not self-executing: if you refuse to answer, they have to go ask the local AUSA or US district court judge to issue a second subpoena, which then can be opposed and objected to in court. 8 CFR § 287.4(d). and we’ve all seen how well they do when they have to show up in an actual grown up court.

so when I would get one, I would call back the requesting agent, (politely) point this out to him and send him packing to go talk to his AUSA. and then I would never hear from him again.

now… I know they’re being way more aggressive now. But if you tell me that Meta, Google, and Reddit don’t have resources to oppose them in court, when I, a single litigation attorney working for a small company, did… well, that’s less about “can’t” and more about “don’t want to.”

gizmodo.com/reddit-meta-and-go

(None of this has been legal advice and I am not your lawyer.)

/end

Reddit, Meta, and Google Voluntarily Gave DHS Info of Anti-ICE Users, Report Says

DHS is expanding its use of administrative subpoenas, which don't come from judges.

gizmodo.com · Gizmodo

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