DHS Uses 1930s Customs Law to Demand Google Data on Canadian Critic of Trump Administration

DHS Targets Canadian Man’s Google Data Despite No U.S. Entry in Over a Decade

The Department of Homeland Security (DHS) has attempted to compel Google to hand over a Canadian man’s location information, activity logs, and other identifying data after he publicly criticized the Trump administration online. This occurred following the killings of Renee Good and Alex Pretti by federal immigration agents in Minneapolis earlier this year.

The man, whose identity remains undisclosed, has not set foot in the United States in more than ten years. His legal team argues that the DHS’s actions represent an unprecedented overreach of authority.

ACLU Lawsuit Challenges DHS Summons Under 1930s Customs Law

Michael Perloff, a senior staff attorney at the American Civil Liberties Union (ACLU) of the District of Columbia, is representing the man in a lawsuit against Markwayne Mullin, the DHS secretary. The lawsuit alleges that the agency violated the Customs Act of 1930, which permits the DHS to request records from businesses and other entities.

Perloff contends that the DHS is exploiting the fact that major tech companies, including Google, are headquartered in the U.S. to obtain information it would otherwise lack jurisdiction to acquire.

"I don’t know what the government knows about our client’s residence, but it’s clear that the government isn’t stopping to find out."

"It’s using that geographic fact to get information that otherwise would be totally outside of its jurisdiction. I mean, we’re talking about the physical movements of a person who lives in Canada."

Legal and Privacy Concerns Over DHS’s Jurisdictional Reach

The case raises significant questions about the DHS’s authority to demand personal data from U.S.-based companies for individuals who have no connection to the country. Critics argue that the agency is circumventing legal boundaries by leveraging the physical location of tech firms to access information about non-residents.

The lawsuit seeks to challenge the legitimacy of the DHS’s summons and prevent future overreach by federal agencies.

Background: Killings of Renee Good and Alex Pretti

The DHS’s actions follow the deaths of Renee Good and Alex Pretti, who were killed by federal immigration agents in Minneapolis earlier this year. The incident sparked widespread outrage and prompted public criticism of the Trump administration’s immigration policies.

It remains unclear whether the targeted Canadian man’s online criticism directly influenced the DHS’s decision to pursue his data.