[link removed] [[link removed]] CREW is suing the Department of Homeland Security for violating the Federal Records Act and the Freedom of Information Act by failing to preserve text messaging data.
We’re also suing the National Archives and Records Administration for failing to take enforcement action over these violations.
John, DHS says that since April 9, 2025, it has stopped preserving records of agency business conducted over text message.
In communications with records requestors, the agency has brazenly admitted— in violation of the FRA and FOIA —that it no longer maintains text message data created by government officials and can no longer search these records in response to FOIA requests.
This is a sudden reversal from the agency’s long-standing policy of preserving such records. It’s unlawful and it denies the public access to information about the agency’s operations.
Transparency matters.That’s why CREW is taking legal action to hold DHS accountable and keep up the fight for transparency in our government. Donate today to power our legal team and hold DHS accountable → [[link removed]]
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The Federal Records Act requires the government to properly maintain “all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business.”
Since August, members of Congress and civil society groups, including CREW, have written letters to Secretary of Homeland Security Kristi Noem and acting Archivist of the United States Marco Rubio about the unlawfulness of this new policy, urging them to investigate and take remedial action.
Both have failed to do so, leaving this unlawful policy in place.
The Trump administration’s apparent disregard of federal recordkeeping laws is an affront to the people this government is supposed to be accountable to. It allows DHS to function in secrecy and shields its activities from oversight.
And it raises the question: what information is being kept from the public because DHS fails to maintain text messaging records?
That’s why CREW’s taking action to reverse the policy, ensure DHS complies with FOIA requests for text message data and give the American people the answers they deserve.
We’re committed to holding our government accountable to the people it serves every chance we get. But legal work like this is only possible with the support of people like you, so if you’re with us, please donate today to help us keep up this work → [[link removed]]If you've saved your payment information with ActBlue Express, your tax deductible donation will go through immediately to ActBlue Charities Inc. and be disbursed to CREW within 30 days:
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