The Department of Homeland Security (DHS) is trying to force Meta to unmask the identity of the people behind Facebook and Instagram accounts that post about Immigration and Customs Enforcement (ICE) activity, arrests, and sightings by claiming the owners of the account are in violation of a law about the “importation of merchandise.” Lawyers fighting the case say the move is “wildly outside the scope of statutory authority,” and say that DHS has not even indicated what merchandise the accounts, called Montcowatch, are supposedly importing.
“There is no conceivable connection between the ‘MontCo Community Watch’ Facebook or Instagram accounts and the importation of any merchandise, nor is there any indicated on the face of the Summonses. DHS has no authority to issue these summonses,” lawyers with the American Civil Liberties Union (ACLU) wrote in a court filing this month. There is no indication on either the Instagram or Facebook account that the accounts are selling any type of merchandise, according to 404 Media’s review of the accounts. “The Summonses include no substantiating allegations nor any mention of a specific crime or potential customs violation that might trigger an inquiry under the cited statute,” the lawyers add.
A judge temporarily blocked DHS from unmasking the owners last week.
“The court now orders Meta […] not to produce any documents or information in response to the summonses at issue here without further order of the Court,” the judge wrote in a filing. The move to demand data from Meta about the identities of the accounts while citing a customs statute shows the lengths to which DHS is willing to go to attempt to shut down and identify people who are posting about ICE’s activities.
Montcowatch is, as the name implies, focused on ICE activity in Montgomery County, Pennsylvania. Its Instagram posts are usually titled “Montco ICE alert” and include details such as where suspected ICE agents and vehicles were spotted, where suspected agents made arrests, or information about people who were detained. “10/20/25 Eagleville,” one post starts. “Suspected dentention [sic] near Ollies on Ridge Pike sometime before 7:50 am. 3 Agents and 3 Vehicles were observed.”
The Instagram account has been posting since June, and also posts information about peoples’ legal rights to film law enforcement. It also tells people to not intervene or block ICE. None of the posts currently available on the Instagram account could reasonably be described as doxing or harassing ICE officials.
On September 11, DHS demanded Meta provide identifying details on the owners of the Montcowatch accounts, according to court records. That includes IP addresses used to access the account, phone numbers on file, and email addresses, the court records add. DHS cited a law “focused on customs investigations relating to merchandise,” according to a filing from the ACLU that pushed to have the demands thrown out.
“The statute at issue here, 19 U.S.C. § 1509, confers limited authority to DHS in customs investigations to seek records related to the importation of merchandise, including the assessment of customs duties,” the ACLU wrote. “Identifying anonymous social media users critical of DHS is not a legitimate purpose, and it is not relevant to customs enforcement.” As the ACLU notes, a cursory look at the accounts shows they are “not engaged in commerce.” The court record points to an 2017 Office of the Inspector General report which says Customs and Border Protection (CBP) “regularly” tried much the same thing with its own legal demands, and specifically around the identity of an anonymous Twitter user.
“Movant now files this urgent motion to protect their identity from being exposed to a government agency that is apparently targeting their ‘community watch’ Facebook and Instagram accounts for doing nothing more than exercising their rights to free speech and association,” those lawyers and others wrote last week.
“Movant’s social media pages lawfully criticize and publicize DHS and the government agents who Movant views as wreaking havoc in the Montgomery County community by shining a light on that conduct to raise community members’ awareness,” they added.
The judge has not yet ruled on the ACLU’s motion to quash the demands altogether. This is a temporary blockage while that case continues.
The Montocowatch case follows other instances in which DHS has tried to compel Meta to identify the owners of similar accounts. Last month a judge temporarily blocked a subpoena that was aiming to unmask Instagram accounts that named a Border Patrol agent, The Intercept reported.
Earlier this month Meta took down a Facebook page that published ICE sightings in Chicago. The move came in direct response to pressure from the Department of Justice.
Both Apple and Google have removed apps that people use to warn others about ICE sightings. Those removals also included an app called Eyes Up that was focused more on preserving videos of ICE abuses. Apple’s moves also came after direct pressure from the Department of Justice.
Montcowatch directed a request for comment to the ACLU of Pennsylvania, which did not immediately respond.
