Canadian sues US Homeland Security, allegedly sought his Google data after sensitive social media posts
A Canadian is suing a US federal court over what he says is an attempt by the Department of Homeland Security, using Google, to seek “a lot of information” about his life after he wrote on social media criticizing the Donald Trump administration.
Canadian plaintiff John Doe on Monday sued Markwayne Mullin, the current DHS secretary, in a lawsuit alleging that DHS engaged in “the blatant appropriation of cool speech the government doesn't like.” The case was brought by the offices of the American Civil Liberties Union (ACLU) in DC, where DHS is located, and in northern California, where Google has its headquarters.
“I have long admired the United States for its commitment to free speech,” the plaintiff said in a statement released by the ACLU. “I never in a million years thought that, after criticizing the US government, I would be subpoenaed to find out who I am, where I live, where I go and what I read on the Internet. You don't have to be an American to know that this is not an American.”
According to the complaint, the Canadian posts under a pseudonym about political topics on X and other platforms, typically posting “content critical of President Trump and his administration.” In his social media posts, he often tags the usernames and accounts of US government officials.
A Gmail account linked to his X account was apparently found by officials at DHS and on Feb. 9, notified Google that they “received an administrative subpoena issued by the Department of Homeland Security compelling the release of information related to your Google account” between September 1, 2025 and Feb. 4, 2026.
In February, the New York Times reported that Google, Reddit, Discord and Meta had “received hundreds of administrative subpoenas” for their users' information from the DHS. This newspaper mentioned four people who agree with these requests who did not want to be revealed, as they are not authorized to speak publicly on this matter.
The summons immediately followed the Minnesota blitz
The summons comes after the Canadian man made a series of posts criticizing Trump's immigration policies after the killing of two US-born activists protesting deportations in Minnesota. Renee Good was shot and killed by an Immigration and Customs Enforcement (ICE) officer on Jan. 7, and more than two weeks later, Alex Pretti died after being hit multiple times when two Customs and Border Patrol officers fired their weapons.
Trump administration officials were highly critical of Good and Pretti hours after their deaths. Vice President JD Vance called Good a “victimized leftist,” and Mullin's predecessor, Kristi Noem, said Good's actions in his car before he was killed were an act of “domestic terrorism.” Stephen Miller, White House deputy chief of staff, called Pretti a “domestic terrorist” and a “murderer.”
Minnesota has sued DHS, alleging that federal officials denied federal investigators access to information needed to conduct their own investigations into the murders of Good and Pretti, as well as a non-fatal shooting involving an immigration agent.
During testimony Tuesday, US Homeland Security Secretary Kristi Noem refused to retract or apologize for her comments in January calling two US citizens shot and killed by immigration police in Minneapolis domestic terrorists. Accounts from local officials and bystander video contradict his comments. Noem's hearing was interrupted at times by shouting protesters.
On Jan. 30, Canadian user X disparaged ICE in a post that received nearly 96,000 views, according to this week's complaint.
“Not content with trying to suppress speech at home, the Trump administration is now targeting dissent abroad,” said Michael Perloff, senior staff attorney for the ACLU District of Columbia, in a statement after the lawsuit was filed.
Google did not comment on the Canadian case but said it has objected to government requests for user data that are overly broad or do not follow due process. The company said it supports changes to the government's data requirements laws that will provide clarity and transparency while protecting the civil liberties of its users.
“If we receive a subpoena, our review process is designed to protect user privacy while meeting our legal obligations,” a Google spokesperson told CBC News. “We notify users when their accounts have been called, unless under a legal order not to do so, or in exceptional circumstances. We review all legal requirements and pursue those that are excessive or inappropriate, including objecting to certain exceptions.”
In making the request to Google, Homeland Security officials cited Section 1509 of the Tax Act of 1930, a statute that affects the government's ability to enforce tax law by inspecting “records, statements and declarations.”
John Doe's attorneys argued that it was an improper application of the law and that “even if the subpoenas were issued for a valid purpose, the scope of the records sought would far exceed the 1509 limits on what officers can use to obtain.”
Canadians are wary of US scrutiny
Since Trump took office as president for the second time last year, Canadians have been under increased scrutiny when entering the US.
US customs officials conducted a record number of electronic device searches last year of people traveling to the US, according to the latest figures from US Customs and Border Protection (CBP), although it is not clear what percentage of the searches were carried out at US and Canadian ports of entry, as opposed to shared border areas with Mexico.
The current complaint, however, states that John Doe did not want to enter the US and has not since 2015.
In the first Trump administration, CBP issued a subpoena to Twitter in 2017 requesting information about a user's Twitter account, which the company disputed.
The subpoena was withdrawn, and the DHS inspector general subsequently issued a report containing criticisms and recommendations regarding “the proper application of Section 1509.”
The ACLU is calling for the subpoenas for the Canadian to be withdrawn as happened in similar cases involving three Americans he represented.
In one of these cases, an Instagram user's information was reportedly sought after they posted the name of a border agent and wrote that they should be “welcomed to the wall of shame.” In one case, someone received a subpoena through Google after directly emailing a US government official to use “common sense and decency” in the case of an asylum seeker whose crime has drawn national attention.
CBC News has reached out to the Department of Homeland Security for comment but has not yet heard back.
Read the public complaint from Canada's John Doe:
