DHS Using Obscure Legal Authority to Access Records of Journalists and Nonprofits
The U.S. Department of Homeland Security has been invoking a little-known law to obtain records belonging to journalists, nonprofit organizations, and unions, according to a report by The Guardian published on August 29, 2026. The legal mechanism in question, tied to a customs statute, grants DHS broad summons powers typically associated with trade and border enforcement. Critics argue the authority is being misused to surveil civil society groups and members of the press. The practice has raised significant concerns among press freedom advocates and legal experts over potential violations of First Amendment protections. The report emerges amid broader scrutiny of the Trump administration's use of executive agencies to monitor political opponents and independent institutions.
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