Require Court Approval Before Personal Data Is Seized by Agencies Such as DHS

DHS SUBPOENA PRACTICES RAISE SERIOUS CONSTITUTIONAL CONCERNS As your constituent, I am deeply troubled by credible evidence that the Department of Homeland Security (DHS) is using administrative subpoenas to investigate and intimidate Americans without any judicial review - circumstances that threaten core First and Fourth Amendment protections and undermine public confidence in lawful governance. INVESTIGATIVE REPORTING SHOWS POSSIBLE RETALIATION FOR PROTECTED SPEECH A detailed investigative report by The Washington Post highlights these concerns. In its February 3, 2026 article, “Homeland Security Used Subpoena Power to Obtain Private Data After Citizen Criticized Agency,” the newspaper describes how DHS issued an administrative subpoena seeking personal account data from Google after a private citizen sent a brief, respectful email criticizing DHS action related to immigration enforcement. Federal agents later appeared at the individual’s home, despite the absence of any judicial warrant or court-approved subpoena. ADMINISTRATIVE SUBPOENAS OPERATE WITHOUT JUDICIAL CHECKS Administrative subpoenas differ fundamentally from judicial subpoenas. They are issued internally by executive agencies, without prior approval from a judge, and often without meaningful notice or opportunity to challenge their scope before personal data is obtained. When used to pursue critics of government policy or participants in lawful civic discourse, these subpoenas risk becoming tools of retaliation rather than legitimate investigative instruments. UNCHECKED SUBPOENA AUTHORITY CHILLS SPEECH AND ERODES SEPARATION OF POWERS Civil liberties organizations and legal scholars have long warned that unchecked administrative subpoena authority can chill free speech, discourage public participation, and erode the constitutional balance between the executive and judicial branches. The appearance that DHS may be monitoring or investigating Americans based on constitutionally protected expression raises profound concerns that require Congressional attention. CONGRESS MUST RESTORE JUDICIAL OVERSIGHT AND ACCOUNTABILITY I urge you to take strong, bipartisan action to restore constitutional safeguards and ensure that no federal agency can bypass judicial oversight when seeking access to Americans’ private communications or personal data. (1) Conduct a full Congressional investigation into the use of administrative subpoenas by DHS and other federal agencies to determine whether these powers have been misused to target individuals for protected speech. (2) Require judicial oversight, including prior court authorization, for any administrative subpoena seeking personal data from individuals or private entities, so that constitutional protections against unreasonable search and seizure are upheld. (3) Legislate explicit statutory limits on administrative subpoena authority to prevent its use as a coercive tool against dissent, civil society participation, or political expression. (4) Mandate public reporting on the number, type, and targets of administrative subpoenas issued each year by federal agencies, with sufficient detail to allow meaningful Congressional oversight. (5) Enact safeguards against retaliation for protected speech, including clear penalties when federal agencies misuse investigatory powers against critics of government policy. Thank you.