Feds Try Secret Grand Jury to Unmask Reddit ICE Critic

Feds Try Secret Grand Jury to Unmask Reddit ICE Critic
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The Guardline

Social media giant Reddit has been ordered to appear before a grand jury in Washington, D.C., as part of a federal effort to unmask anonymous online critics of the Trump administration’s immigration crackdown.

According to a subpoena obtained by The Intercept, Reddit has until April 14 to provide a wide range of personal data on one of its users, whom U.S. Immigration and Customs Enforcement agents have been trying unsuccessfully to identify for more than a month.

Attorneys for the Reddit user say their client’s posts and their anonymity are squarely protected under the First Amendment and that ICE’s use of a grand jury marks a disturbing escalation for the agency after seeing its previous efforts to investigate political speech quashed in court. The subpoena was issued by federal prosecutors in the capital after ICE’s effort to identify the same user failed in a Northern California federal court. (The U.S. attorney’s office in Washington declined to comment on the case.)

“We should be very, very, very concerned that they’ve now taken one of these to a grand jury.”

Since President Donald Trump returned to office last year, federal agents have increasingly demanded social media companies reveal the users behind anonymous accounts critical of his immigration crackdown, expressing particular interest in those that identify employees of the U.S. Border Patrol and ICE or share real-time information on enforcement activity. The administration claims the accounts are engaged in doxing and endanger officer safety, but they have also targeted social media users seemingly doing nothing more than expressing anger at the government.

Digital free speech advocates with the Electronic Frontier Foundation have closely tracked the investigations, finding that the government repeatedly folded when challenged in court. A grand jury subpoena, however, is a much different animal, said David Greene, EFF’s senior counsel. Shrouded in secrecy and advantageous to prosecutors, the existence of a federal grand jury, particularly one convened in Washington, could suggest the government is moving toward a significant criminal case.

Greene knew of no examples during the recent wave of immigration enforcement-related investigations in which a leading tech company has been called to appear before one of the secret panels. Free speech protections are at their weakest in the context of a grand jury, he explained: The proceedings are not adversarial; their purpose is to permit a prosecutor to file charges.

“We should be very, very, very concerned that they’ve now taken one of these to a grand jury,” said Greene. “It’s something to be taken very seriously.”

The convening of a federal grand jury presents a considerable challenge for Reddit in particular, a platform that prides itself on protecting the free speech rights of its 121 million daily users. The company declined to say whether it intends to challenge the government’s order.

“Privacy is central to how Reddit operates, and we take our commitment to protecting that seriously,” the company said in a statement to The Intercept. “We do not voluntarily share information with any government, especially not on users exercising their rights to criticize the government or plan a protest.”

When the government seeks data on users, the statement continued, Reddit reviews the commands for “legal sufficiency and routinely object[s] to requests that are overbroad or threaten civil rights.” Users are notified of the requests “whenever possible so they can defend their interests,” the company went on to say, and Reddit provides only the “minimum” data required to satisfy law enforcement demands.

Failed Attempt

The story of how Reddit became ensnared in an ICE-related grand jury began early last month, when the company received a request to turn over the name, address, phone number, and other data associated with an account belonging to a user identified in court records as John Doe.

The request was what’s known as an administrative summons or administrative subpoena, a powerful legal tool typically associated with serious crimes such as child trafficking. Under Trump, the subpoenas, which do not require judicial approval, have increasingly become a weapon wielded against opponents of the president’s immigration policies.

While it does not disaggregate ICE’s activities from other law enforcement agencies’ requests, Reddit reports that January to June 2025 marked the highest volume of requests the company has ever received in a single reporting period. Sixty-six percent of the 1,179 requests came from agencies in the U.S., including 423 subpoenas and 27 court orders. Reddit disclosed user data in 82 percent of those cases. While most requests concern child safety, the next highest category of data sought by law enforcement agencies falls into what Reddit lists as “other/unknown investigation types.”

In the John Doe case, Reddit received an initial request on March 4 from an ICE agent in Fairfax, Virginia.

“Failure to comply with this summons will render you liable to proceedings in a U.S. District Court to enforce compliance with this summons as well as other sanctions,” the summons read. “You are requested not to disclose the existence of this summons for an indefinite period of time. Any such disclosure will impede the investigation and thereby interfere with the enforcement of federal law.”

Two days later, the social media company alerted John Doe of the federal request for information. Based in the Pacific Northwest, the Reddit user obtained representation from the Oregon-based Civil Liberties Defense Center, an organization that had recently succeeded in beating back ICE’s requests for information on social media users.

The ICE agent wanted more than a month’s worth of electronic data, but offered no information as to what, exactly, caught the agency’s attention. When John Doe’s attorneys later reviewed their Reddit posts, they found nothing to suggest criminal activity or intent.

There was a thread from early January, after news outlets including The Intercept identified Jonathan Ross as the ICE officer who shot and killed 37-year-old Renee Good in Minneapolis. Commenting on a Minnesota Star Tribune article, another Reddit user posted that Ross might be welcomed as a hero in Florida or Texas. John Doe responded by sharing that Ross had lived in Chaska, Minnesota; grew up in Indiana; and served in the Indiana National Guard — biographical details that were circulating widely at the time. “Hopefully he moves up to Stillwater State Penitentiary,” they wrote.

In another post, a Reddit user asked what they should write on an anti-ICE protest sign. John Doe suggested the lyrics to a song: “Urine speaks louder than words.” In a third instance, Doe wrote, “TSA sucks and we all know it.” According to the Reddit user’s attorneys, these were the most aggressive posts they could find.

In its summons, ICE indicated the basis for its request was a provision of the Smoot-Hawley Tariff Act of 1930.

On March 12, John Doe and their CLDC lawyers filed a motion to quash the summons in the Northern California federal court district where the San Francisco headquarters of Reddit is located.

In its summons, ICE indicated the basis for its request was a provision of the Smoot-Hawley Tariff Act of 1930. John Doe informed the court that they had nothing to do with the kind of activities at issue in the near-century-old statute, which governs boat show sales, wild animal imports, forfeited wines and spirits, and cross-border trade in other goods.

“I use this account to post about events and issues local to my region of Oregon and beyond,” the Reddit user said in a sworn declaration. “Neither I nor my Reddit account are associated with importing or exporting any merchandise or any other thing subject to tax or duty into or out of the United States.”

CLDC attorney Matthew Kellegrew argued that ICE’s request well exceeded the scope of the law, and that the First Amendment raised the bar for disclosure considerably in cases where investigative activity “intrudes into the area of constitutionally protected rights of speech, press, association.”

What’s more, Kellegrew noted, federal immigration officials attempted to use the tariff statute to unmask the president’s critics before, during the first Trump administration, and were reprimanded for doing so by the Department of Homeland Security’s Office of the Inspector General in a 2017 report.

CLDC had recently prevailed in challenging the feds’ use of administrative subpoenas in California’s Northern District. Last fall, the group intervened on behalf of a Meta user targeted in an administrative ICE subpoena. In October, federal Magistrate Judge Kandis A. Westmore sided with the civil liberties advocates, ordering Meta not to provide the information sought by ICE.

After intervening in the John Doe case last month, CLDC attorneys received an email from an assistant U.S. attorney in the Northern District of California informing them that the government was withdrawing its request. It would not, however, be the last Reddit heard from the federal government about the matter.

Grand Jury Subpoena

On March 31, just four days after ICE’s summons was withdrawn, Reddit received another message from the feds.

This time, instead of requesting information on an individual user, the government ordered Reddit itself to appear before a grand jury — not in California, but in Washington.

The request came not from an ICE field agent but rather from a Special Assistant U.S. Attorney in D.C., where Reddit has received the highest number of federal law enforcement information requests. The records sought spanned a period roughly three times longer than what ICE had originally requested.

“They are able to hide what they are doing under the guise of a federal grand jury.”

Lauren Regan, director of litigation and advocacy for CLDC, suspects the success that advocates had challenging ICE’s social media subpoenas in California may explain why the Trump administration is now calling one of the world’s largest tech companies to appear before a secret tribunal in Washington.

“Because they were repeatedly losing those attempts at subpoenaing stuff in court, in what they’re doing is illegal and unconstitutional, they have now switched to this other mode,” she said. “They are able to strong-arm information that they were denied through the courts legally.”

None of the records associated with the grand jury case will be accessible to the public.

“The only valid use of a grand jury is to investigate federal crimes,” said Regan. What crime John Doe’s Reddit posts may have constituted or facilitated is unclear. According to Regan, “They are able to hide what they are doing under the guise of a federal grand jury.”

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