1. United States
2. N.C.
3. Letter

As your constituent, I urge you to introduce legislation amending 19 United States Code Section 1509 to prevent the Department of Homeland Security from using customs authority to conduct warrantless surveillance of American citizens in violation of Fourth Amendment protections. Section 1509 is a narrow statute governing customs duties and merchandise importation. DHS agencies, including Immigration and Customs Enforcement and Customs and Border Protection, are systematically abusing this authority to target journalists, activists, and organizations without warrants, probable cause, or judicial oversight. Recent cases show DHS obtaining six months of phone records for activist Georgia Fort without notice, seeking YouTube account information for Don Lemon after judges rejected warrant applications, and accessing financial records of unions including SEIU and the Communications Workers of America. DHS's own Inspector General concluded in 2017 that CBP's use of Section 1509 summonses was "inconsistent and, in some cases, improper." The IG stated the statute is strictly limited to customs violations. Despite this finding, DHS has dramatically expanded the practice, issuing thousands of summonses annually against student protesters, workers criticizing ICE, and social media users documenting enforcement operations. When challenged in court, DHS routinely withdraws summonses to avoid adverse rulings, indicating the agency knows its actions cannot withstand constitutional scrutiny. I urge you to introduce legislation that explicitly limits Section 1509 to customs matters; requires warrants for third-party records about U.S. persons; mandates notice to affected individuals; establishes public reporting on summons activity; and prohibits use against First Amendment-protected speech and journalism. This is not theoretical. As of August 2026, DHS actively uses this loophole to target journalists, unions, and activists. Constitutional protections from executive overreach should appeal across party lines. I expect a prompt response detailing your position on this urgent matter and the steps you will take to address this abuse of authority.