US lawmakers call for probe into Trump administration's secret surveillance under obscure customs law

Oregon Senator Ron Wyden and Representative Pramila Jayapal of Washington have formally requested that the Government Accountability Office (GAO), the non-partisan congressional watchdog, investigate the Trump administration's use of an obscure legal authority to conduct surveillance on American citizens and organisations.

The request, seen by the Guardian, comes in response to revelations that the Department of Homeland Security (DHS) has been using its power to issue administrative summonses related to customs matters — typically a narrow trade enforcement tool — to make unilateral demands for information from journalists, non-profits, and labour unions without judicial oversight.

The lawmakers' letter to the GAO seeks answers on the scope and legality of the practice, which critics argue bypasses traditional constitutional protections requiring a warrant for government searches and seizures.

Why This Matters

The surveillance targets journalists, non-profits, and unions — groups often protected under press freedoms and associational rights — raising serious First and Fourth Amendment concerns.
The use of an obscure customs statute to conduct domestic surveillance without court oversight could set a precedent for future administrations to bypass judicial scrutiny.
The GAO investigation may determine whether DHS exceeded its legal authority, potentially leading to reforms or legal challenges.

Background

Administrative summonses are typically used by DHS in customs enforcement, allowing officers to demand records related to imported goods. The recent controversy stems from reports that the agency applied this power to gather personal and organisational records from entities with no obvious customs nexus — including news organisations and advocacy groups. This has drawn comparisons to historical abuses of surveillance powers, sparking bipartisan concern in Congress.

Key Perspectives

Lawmakers (Wyden and Jayapal): They argue the administration's actions represent an abuse of power that undermines privacy protections and press freedom, and they seek a thorough, independent investigation by the GAO. Trump Administration / DHS: Not cited in the available sources, but likely to argue that the summonses are a lawful exercise of existing statutory authority and are necessary for enforcing customs and national security laws. Civil Liberties Advocates: Concerned that the broad interpretation of the customs law creates a loophole for warrantless surveillance, and will be watching closely for the GAO's findings and any subsequent litigation.

What to Watch

The GAO's response to the lawmakers' request and whether it launches a formal investigation.
Any further reporting that reveals additional targets or documents related to the DHS summonses.
Potential congressional hearings or legislative efforts to amend the customs statute if abuse is confirmed.

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