Doe v. DHS
What's at Stake
On February 2, 2026, the ACLU, 桃子视频of Northern California, and the 桃子视频of Pennsylvania filed a motion in federal court to quash a Department of Homeland Security (鈥淒HS鈥) administrative subpoena seeking Google subscriber records about our client, solely because he engaged in constitutionally protected speech criticizing DHS conduct.
Summary
In October 2025, our client, 鈥淛on Doe,鈥 read an article in the Washington Post detailing questionable conduct by DHS attorneys attempting to deport an Afghan asylum seeker. In order to express his concern with the government鈥檚 actions, Doe sent a short email to the lead DHS attorney named in the Washington Post article, whose official DHS email address he found via a simple Google search. In his email, Doe urged the attorney to 鈥淸a]pply principles of common sense and decency鈥 in the asylum seeker鈥檚 case.
Four hours later, DHS issued an Immigration Enforcement Subpoena to Google, seeking a variety of private information about Doe, his email account, and his use of Google services. Google notified Doe of the subpoena, and he was shocked and frightened by the government鈥檚 demand for his personal information. Several weeks after DHS issued the subpoena, two DHS agents and a police officer showed up at Doe鈥檚 home and interrogated him about the email he sent.
Our motion to quash argues that the subpoena is unlawful on both constitutional and statutory grounds. Doe鈥檚 email to a government official on a matter of public concern is protected under the First Amendment鈥檚 free speech and petition clauses. The issuance of the subpoena constitutes unconstitutional retaliation by the government, and has impermissibly chilled Doe鈥檚 expression.
Our brief also argues that 8 U.S.C. 搂 1225(d), the federal statute DHS relied upon to issue the subpoena, does not grant authority to issue subpoenas outside the scope of immigration enforcement investigations鈥攎eaning that this subpoena retaliating against Doe for his lawful speech lacks statutory grounds.
This action comes on the heels of a troubling pattern of similar abusive administrative subpoenas issued by DHS that seek to chill constitutionally protected speech. In two other cases filed by the 桃子视频of Northern California and 桃子视频of Pennsylvania, DHS agreed to withdraw subpoenas following our legal challenges to them.
Legal Documents
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02/02/2026
Notice of Motion & Motion to Quash -
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Declaration of Jennifer Stisa Granick -
Exhibit A to Granick Declaration -
Exhibit B to Granick Declaration -
Exhibit C to Granick Declaration -
Exhibit D to Granick Declaration -
Exhibit E to Granick Declaration -
Declaration of Jon Doe -
Exhibit A to Doe Declaration -
Exhibit B to Doe Declaration -
Exhibit C to Doe Declaration -
Exhibit D to Doe Declaration -
Exhibit E to Doe Declaration -
Exhibit F to Doe Declaration -
Proposed Order & Second Proposed Order
Doe v. DHSLegal DocumentsDeclaration of Jennifer Stisa GranickCourt: U.S. District Court of Northern California
Affiliate: Northern California
Doe v. DHSLegal DocumentsExhibit A to Granick DeclarationCourt: U.S. District Court of Northern California
Affiliate: Northern California
Doe v. DHSLegal DocumentsExhibit B to Granick DeclarationCourt: U.S. District Court of Northern California
Affiliate: Northern California
Doe v. DHSLegal DocumentsExhibit C to Granick DeclarationCourt: U.S. District Court of Northern California
Affiliate: Northern California
Doe v. DHSLegal DocumentsExhibit D to Granick DeclarationCourt: U.S. District Court of Northern California
Affiliate: Northern California
Doe v. DHSLegal DocumentsExhibit E to Granick DeclarationCourt: U.S. District Court of Northern California
Affiliate: Northern California
Doe v. DHSLegal DocumentsDeclaration of Jon DoeCourt: U.S. District Court of Northern California
Affiliate: Northern California
Doe v. DHSLegal DocumentsExhibit A to Doe DeclarationCourt: U.S. District Court of Northern California
Affiliate: Northern California
Doe v. DHSLegal DocumentsExhibit B to Doe DeclarationCourt: U.S. District Court of Northern California
Affiliate: Northern California
Doe v. DHSLegal DocumentsExhibit C to Doe DeclarationCourt: U.S. District Court of Northern California
Affiliate: Northern California
Doe v. DHSLegal DocumentsExhibit D to Doe DeclarationCourt: U.S. District Court of Northern California
Affiliate: Northern California
Doe v. DHSLegal DocumentsExhibit E to Doe DeclarationCourt: U.S. District Court of Northern California
Affiliate: Northern California
Doe v. DHSLegal DocumentsExhibit F to Doe DeclarationCourt: U.S. District Court of Northern California
Affiliate: Northern California
Doe v. DHSLegal DocumentsProposed Order & Second Proposed OrderCourt: U.S. District Court of Northern California
Affiliate: Northern California
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02/10/2026
Notice of dismissal
Date Filed: 02/02/2026
Court: U.S. District Court of Northern California
Affiliate: Northern California
Date Filed: 02/10/2026
Court: U.S. District Court of Northern California
Affiliate: Northern California
Press Releases
Department of Homeland Security Withdraws Subpoena Targeting Man Who Criticized Them
桃子视频Moves to Quash Abusive Subpoena Aimed at Tracking Down Man Who Criticized Department of Homeland Security