The Department of Homeland Security has been using administrative subpoenas to request the names, email addresses, and identifying information behind social media accounts that track or criticize Immigration and Customs Enforcement (ICE).

Unlike search warrants, these subpoenas do not require prior approval from a judge.

Americans have long relied on anonymous speech to express political views, criticize government agencies, and organize in their communities. From the Federalist Papers to modern-day social media, anonymity has been part of our democratic tradition.

If the government believes a crime has been committed, it has the authority to investigate. But that power should come with judicial oversight.

Requiring a court order before unmasking a social media user is not about shielding criminal behavior. It is about ensuring that constitutional protections — including due process and First Amendment rights — are respected.

Regardless of political views on immigration or ICE, no administration should be able to compel private companies to reveal Americans’ identities without independent judicial review.

We call on Congress to pass legislation requiring the Department of Homeland Security to obtain a court-approved warrant before demanding identifying information about anonymous social media accounts.

Free speech should not depend on who is in power.

Protect the Constitution. Require court oversight.