Some Tech Companies Have Privately Pushed Back on ICE Subpoenas. They Should All Do More.

In a handful of known cases, large social media companies have privately pushed back against Immigration and Customs Enforcement (ICE) subpoenas when the agency tried to unmask anonymous users who tracked immigration activities or criticized the government. As ICE engages in a pattern of illegal and chilling investigations, any resistance is welcome. But social media companies can do more. When companies receive these unlawful subpoenas, they should be clear with the public that they will not hand over the data unless a court compels them to do so. In addition, companies themselves can take the government to court to challenge these unlawful subpoenas on behalf of their users. ICE has sent hundreds of subpoenas to large technology companies like Google, Meta, and Reddit. Publicly challenging these unlawful subpoenas in court has the dual purpose of protecting individual users who may lack the resources or know-how to challenge a subpoena on their own, while also discouraging ICE from i