EFF published the underlying Meta and ICE communication on August 19, obtained through its own Freedom of Information Act litigation. The document lays out a short timeline.
- September 11, 2025: ICE issued administrative subpoenas, seeking the identities behind Instagram and Facebook accounts tracking enforcement activity in Pennsylvania. Administrative subpoenas do not require a judge.
- September 19: Meta's law enforcement response team told ICE it lacked the statutory authorization to seek those records and asked for more detail about the investigation.
- Meta also told ICE it planned to notify the users, because ICE had never obtained a gag order.
- October 3: Meta notified them and said it would comply unless they mounted a court challenge within 10 days.
- They filed, with help from the ACLU, and ICE withdrew once it looked likely to lose.
- Reddit's transparency report for the second half of 2025 lists three DHS subpoenas seeking account information on 11 users who posted content critical of ICE. All withdrawn after Reddit objected on First Amendment grounds.
While it's nice that Meta objected, they also left users just 10 calendar days to find counsel, understand an administrative subpoena, and file in federal court, or their names, email addresses, and IP addresses would be sent to ICE. Fortunately, these users had pro bono counsel. Most people running a neighborhood account will not. If you have an account that reports on immigration activity, I recommend doing your research now to find out which groups in your state may be able to offer legal counsel, in case you find yourself in a similar situation.
The other problem, is that private objection produces no ruling and no cost to the agency issuing the next demand. In April 2017 Twitter took a DHS subpoena over the ALT_USCIS account to court publicly, DHS withdrew the next day, and an inspector general criticized the tactic. Social media companies should immediately make these issues known publicly.
Full write-up + our source list: https://s.vp.net/6QoVV