Trump administration uses obscure law to secretly obtain information on journalists, non-profits and unions

The Trump administration is using an obscure customs law, 19 USC 1509, to secretly obtain private phone, financial, and digital records of journalists, non-profits, and unions. By utilizing administrative summonses that require only internal agency approval, the Department of Homeland Security bypassed federal judges who had previously rejected search warrants for journalists Georgia Fort and Don Lemon. Legal experts and former officials condemn the practice as an abuse of power, while the administration defends its authority to investigate domestic incidents under the customs statute.

DHS administrative summons targeting journalists

• ▪The Department of Homeland Security obtained six months of phone records for Minneapolis journalist Georgia Fort from T-Mobile without notifying her until mid-July 2026.
• ▪The Department of Homeland Security served Google with an administrative summons under 19 USC 1509 to obtain YouTube account information for journalists Georgia Fort and Don Lemon.
• ▪Google did not comply with the Department of Homeland Security's 1509 summons for the YouTube accounts, stating the agency failed to show how the request related to a customs investigation.
• ▪The Department of Homeland Security sought YouTube account information for Democracy Now, Megyn Kelly, the Milwaukee Journal-Sentinel, and independent journalist Brendan Gutenschwager using 1509 summonses.

Customs statute misuse

• ▪The Department of Homeland Security utilized 19 USC 1509, a customs statute intended to inspect records for duties and taxes on imports, to demand private records in domestic cases.
• ▪The Trump administration argued in court filings that 19 USC 1509 authorizes the Department of Homeland Security to investigate any potential crimes to ensure compliance with laws administered by the Customs Service.
• ▪In 2017, the Department of Homeland Security Inspector General issued a report finding inconsistent and, in some cases, improper use of 1509 summonses.
• ▪Former Department of Homeland Security lawyer Chris Duncan and former Inspector General John Roth characterized the use of 1509 summonses in domestic, non-customs cases as an improper, overbroad misreading of the statute.

Minneapolis church protest case

• ▪Justice Department lawyers argued the Department of Homeland Security could issue the summonses because they were investigating a potential assault on a local ICE official who served as a pastor at the Minneapolis church.
• ▪Journalists Georgia Fort and Don Lemon pleaded not guilty to criminal charges stemming from a January 2026 protest at a Minneapolis church.

Judicial oversight circumvention

• ▪The Department of Homeland Security has repeatedly withdrawn 1509 summonses immediately after they were challenged in court, preventing judges from ruling on the legality of the practice.
• ▪The Department of Homeland Security's administrative 1509 summonses require only an internal agency sign-off and bypass the independent judicial oversight required for traditional search warrants.
• ▪In February 2026, a federal judge twice rejected prosecutors' requests for search warrants targeting the YouTube accounts of Georgia Fort and Don Lemon, citing a lack of probable cause.

Union financial records surveillance

• ▪The targeted unions were not charged with any crimes, and the Department of Homeland Security provided no explanation for seeking their financial records.
• ▪The Department of Homeland Security successfully obtained the financial records of the Service Employees International Union (SEIU) and the Communications Workers of America.

Nonprofit organization surveillance

• ▪The Department of Homeland Security used 1509 summonses to obtain the financial records of the Sunrise Movement and Venmo records for Voices for Racial Justice.
• ▪The Department of Homeland Security used 1509 summonses to pressure social media companies to unmask users who criticized Immigration and Customs Enforcement (ICE) officers.

1 source