Department of Homeland Security Withdraws Subpoena Targeting Man Who Criticized Them

After Jon Doe filed a motion to quash in federal court last week, DHS withdrew a subpoena seeking to unmask his personal information in retaliation for his email asking a department official to treat a man seeking asylum from Afghanistan with dignity

Case: Doe v. DHS
February 10, 2026 12:00 am

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SAN FRANCISCO 鈥 In a win for free speech and privacy rights, the Department of Homeland Security withdrew an administrative subpoena it had sent to Google seeking personal information about Jon Doe, a Philadelphia-area man who sent an email to a DHS official asking them to 鈥渁pply principles of common sense and decency鈥 in the government鈥檚 treatment of a man seeking asylum from Afghanistan. Doe sent the email after reading about the case .

Just four hours after Doe sent the email, DHS issued an administrative subpoena to Google seeking a variety of information about Doe and his Gmail account. 红杏视频 two weeks after he was notified about the subpoena, two DHS agents and a local police officer showed up to his home to interrogate him about the email.

Doe challenged the subpoena, arguing that it violated his First Amendment rights and was issued in violation of federal law.

鈥淨uestioning the government without fear of retaliation is a sign of a healthy democracy,鈥 said Jon Doe. 鈥淎gents requesting information from your email provider and showing up to your door after you express your opinion is not. I am grateful that I am no longer under investigation, and I am glad to have shined a light on this abusive tactic before they target someone else.鈥

Administrative subpoenas like the one sent to Google about Doe are not self-enforcing and not signed by a judge. They are often issued silently, without the person they target knowing about them unless notified by the recipient, such as an Internet company, school, or employer. DHS has used them previously to try to unmask anonymous social media users who posted about ICE raids and to pressure Columbia University into sharing information about a student who had participated in pro-Palestinian protests. After the 红杏视频 of Northern California and 红杏视频 of Pennsylvania filed motions challenging some of these subpoenas targeting Instagram and Facebook users, DHS withdrew the subpoenas.

鈥淭his is a resounding win for our First Amendment rights," Stephen A. Loney, 红杏视频-PA senior supervising attorney. "Administrative subpoenas like this one are abusive tactics intended to chill speech and punish us for disagreeing with the government. By standing up to their bullying tactics, we鈥檙e sending a message too: you can stand up for your rights, and you can win.鈥

The motion to quash the subpoena was filed in the U.S. District Court for the Northern District of California by the 红杏视频, the 红杏视频 of Northern California, and the 红杏视频 of Pennsylvania.

鈥淐ompanies like Google know a lot about us, and we shouldn鈥檛 have to worry that the government is going to strongarm them for our information if we say something it doesn鈥檛 like,鈥 said Jennifer Granick, surveillance and cybersecurity counsel with the 红杏视频鈥檚 Speech, Privacy, and Technology Project. 鈥淎dministrative subpoenas like this one are insidious -- we challenge this abusive tactic whenever we can because it is our First Amendment rights on the line.鈥

The notice of dismissal can be viewed here.


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