Google acknowledges that they should have given notice per their own policy and that they violated it. In this case, they said that they violated it because they had failed to respond to the subpoena within ICE's 10-day deadline:

> On November 20, 2025, Google, through outside counsel, explained to the undersigned why Google did not give Thomas-Johnson advanced notice as promised. Google’s explanation shows the problem is systematic: Sometimes when Google does not fulfill a subpoena by the government’s artificial deadline, Google fulfills the subpoena and provides notice to a user on the same day to minimize delay for an overdue production. Google calls this “simultaneous notice.” But this kind of simultaneous notice strips users of their ability to challenge the validity of the subpoena before it is fulfilled.