Trump's DHS uses obscure law for 'outrageous' spy campaign on journalists: Report

The US Department of Homeland Security, acting with the backing of President Donald Trump, has launched an outrageous surveillance operation against journalists, non-profits and unions by misusing an obscure customs statute, without judicial oversight and in violation of the US Constitution.

The Guardian reported that DHS invoked 19 USC 1509, a little-known law designed to inspect import records and collect duties, to demand phone records, YouTube data and financial information.

Former DHS inspector general John Roth called the tactic “outrageous conduct on so many levels” and “an improper use of the subpoena.” The agency is not investigating any customs violation.

In the case of Minneapolis journalist Georgia Fort, the Trump administration obtained six months of her telephone records without notifying her or giving her a chance to challenge the request.

Prosecutors twice sought search warrants for the YouTube channels of Fort and fellow journalist Don Lemon, who covered a January protest at a Minneapolis church. Both have pleaded not guilty.

A judge rejected the warrants for lack of probable cause and said the journalists must be informed. DHS then bypassed the court, serving Google a secret administrative summons under the customs law.

The same summons targeted YouTube accounts belonging to Democracy Now, Megyn Kelly, the Milwaukee Journal-Sentinel and independent journalist Brendan Gutenschwager.

The move fits a broader pattern. During Operation Metro Surge -- described by DHS as the largest immigration enforcement operation ever, launched in Minnesota in December 2025 -- the agency used the same statute to unmask critics of ICE officers and seize financial records of the Sunrise Movement, SEIU, Communications Workers of America and Voices for Racial Justice. None of those groups face charges.

Former DHS lawyer Chris Duncan said the law applies only to customs matters and “has absolutely nothing to do with a domestic situation at a church.”

ACLU attorney Nathan Freed Wessler noted DHS has a long history of stretching this power to target First Amendment-protected speech.

The Fourth Amendment requires probable cause and a judge’s approval for such searches. The Trump administration claims the statute lets DHS investigate any federal crime. Legal experts reject that reading as a blatant overreach.

Google refused to comply in Fort’s case, saying DHS offered no link to a customs investigation. US companies can ignore these summonses if they consider them unlawful.

The New York Times has reported that DHS has already served hundreds of such secret demands on social media companies.

Without public disclosure of how widely the tactic is used, courts, lawmakers and the public have no way to check executive-branch abuse.

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