ACLU Demands DHS Release Records on Retaliation against People Recording Immigration Agents

By Vanguard Staff

Immigration agents have threatened, brandished guns, and arrested people recording their raids, according to the ACLU. The organization said it is urgently seeking disclosure of records tied to what it calls an escalating pattern of retaliation.

The ACLU and ACLU of Northern California filed a request under the Freedom of Information Act seeking information about Department of Homeland Security policies and practices related to filming law enforcement activity. The filing follows what the ACLU describes as a wave of aggression toward journalists, advocates, and community members documenting immigration enforcement in public spaces.

According to the ACLU, multiple incidents have involved intimidation and violence. The organization noted one June incident in which immigration agents “threw to the ground and arrested a U.S. citizen filming immigration agents detaining workers at a Home Depot parking lot in Hollywood.”

The request also asks whether federal agencies are targeting people or organizations who record or share videos of immigration arrests and raids.

“If the Department of Homeland Security needs a reminder: the right to record immigration and law enforcement activity is squarely protected by the First Amendment,” said Byul Yoon, legal fellow at the ACLU’s Speech, Privacy & Technology Project.

Yoon said the ACLU is alarmed by what it describes as threats and retaliation against those attempting to record immigration enforcement activity. “We are concerned that activists, journalists, and concerned bystanders are at risk of assault and arrest, simply for sharing information about public safety in their communities. We demand transparency into this unconstitutional practice, and we must ensure that the government is held accountable for these egregious violations.”

Jake Snow, senior staff attorney at the ACLU of Northern California, said the pattern reflects an escalating tactic under the current administration. “This is part of a broader Trump administration strategy to intimidate and silence people who document immigration enforcement or criticize government actions,” he said. “The First Amendment robustly protects expressions of disapproval, advocacy for reform, and demand for governmental accountability. This speech is protected even when the criticism is severe or politically charged.”

The FOIA request was filed with DHS, Immigration and Customs Enforcement, Customs and Border Protection, and U.S. Citizenship and Immigration Services. Under federal law, the agencies have 20 business days to respond.

The ACLU FOIA filing uploaded to DHS and related agencies asks for any policies, investigations, communications, legal justifications, complaints, or disciplinary records related to filming immigration enforcement activity. The document also references recent Homeland Security statements and federal bulletins that describe filming as a “threat” or as “doxxing,” including a July statement from DHS Secretary Kristi Noem claiming videotaping agents could constitute “violence.”

The filing argues the records are needed urgently because of the public importance of the issue and the lack of transparency around federal enforcement practices.

The ACLU says the practice raises serious constitutional and civil liberties concerns, especially with widespread public reliance on recordings to verify law enforcement conduct.

The organization said it intends to publicly share any records obtained through the request.

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