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Acting Director of US Immigration and Customs Enforcement (ICE) Todd Lyons testifies before a Senate Homeland Security and Governmental Affairs Committee in an oversight hearing amid scrutiny over immigration enforcement and recent developments in Minnesota at the Dirksen Senate Office Building in Washington, DC, on February 12, 2026.
(Photo by Brendan Smialowski/AFP via Getty Images)
Under Oath, Top DHS Officials Admit Filming Agents Is Not a Crime
Their boss, Homeland Security Secretary Kristi Noem, has said that videotaping officers on the job is a form of "doxing" and "violence."
Feb 12, 2026
The US Department of Homeland Security has claimed for months that filming immigration agents on the job constitutes a criminal offense. But under oath during a Senate Homeland Security Committee oversight hearing on Thursday, the leaders of immigration agencies under the department’s umbrella admitted this is not true.
Sen. Rand Paul (R-Ky.), the chair of the committee, interrogated Todd Lyons, the acting head of Immigration and Customs Enforcement (ICE); Rodney Scott, the commissioner of Customs and Border Protection (CBP); and Joseph Edlow, the director of US Citizenship and Immigration Services (USCIS) about the recent surge of agents in Minnesota, which has resulted in the killing of two US citizens since January.
He zeroed in on the case of Alex Pretti, the 37-year-old intensive care unit nurse who was shot by a pair of immigration agents on January 24, showing footage of the incident leading up to Pretti's killing, which DHS claimed was justified prior to any investigation taking place.
"So what we see is the beginning of the encounter with Alexander Pretti. He's filming in the middle of the street," Paul explained after rolling the tape.
The senator then asked Scott and Lyons, "Is filming of ICE or Border Patrol either an assault or a crime in any way?"
They both responded flatly, "No."
Courts have generally affirmed that filming law enforcement agents is protected by the First Amendment. But this admission by Lyons and Scott is a major deviation from what their parent agency has claimed.
Their boss, Homeland Security Secretary Kristi Noem, stated during a July press briefing that “violence” against DHS agents includes “doxing them” and “videotaping them where they’re at when they’re out on operations.”
Even in the wake of last month's shootings, DHS has held to this line, with spokesperson Tricia McLaughlin claiming that “videoing our officers in an effort to dox them and reveal their identities is a federal crime and a felony.”
Agents have been directed to treat those who film ICE as criminals—a DHS bulletin from June described filming at protests as "unlawful civil unrest" tactics and "threats."
Several videos out of Minnesota, Maine, and other places flooded by ICE have documented federal agents telling bystanders to stop recording and issuing threats against them or detaining them.
In one case, a bystander was told that because she was filming, she was going to be put in a "nice little database" and was now "considered a domestic terrorist."
Last month, a federal judge sided with a group of journalists in California who cited the June bulletin to argue that Noem had "established, sanctioned, and ratified an agency policy of treating video recording of DHS agents in public as a threat that may be responded to with force and addressed as a crime," in violation of the First Amendment.
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alex prettius department of homeland securitykristi noemus immigration and customs enforcementfirst amendmentus customs and border protection
The US Department of Homeland Security has claimed for months that filming immigration agents on the job constitutes a criminal offense. But under oath during a Senate Homeland Security Committee oversight hearing on Thursday, the leaders of immigration agencies under the department’s umbrella admitted this is not true.
Sen. Rand Paul (R-Ky.), the chair of the committee, interrogated Todd Lyons, the acting head of Immigration and Customs Enforcement (ICE); Rodney Scott, the commissioner of Customs and Border Protection (CBP); and Joseph Edlow, the director of US Citizenship and Immigration Services (USCIS) about the recent surge of agents in Minnesota, which has resulted in the killing of two US citizens since January.
He zeroed in on the case of Alex Pretti, the 37-year-old intensive care unit nurse who was shot by a pair of immigration agents on January 24, showing footage of the incident leading up to Pretti's killing, which DHS claimed was justified prior to any investigation taking place.
"So what we see is the beginning of the encounter with Alexander Pretti. He's filming in the middle of the street," Paul explained after rolling the tape.
The senator then asked Scott and Lyons, "Is filming of ICE or Border Patrol either an assault or a crime in any way?"
They both responded flatly, "No."
Courts have generally affirmed that filming law enforcement agents is protected by the First Amendment. But this admission by Lyons and Scott is a major deviation from what their parent agency has claimed.
Their boss, Homeland Security Secretary Kristi Noem, stated during a July press briefing that “violence” against DHS agents includes “doxing them” and “videotaping them where they’re at when they’re out on operations.”
Even in the wake of last month's shootings, DHS has held to this line, with spokesperson Tricia McLaughlin claiming that “videoing our officers in an effort to dox them and reveal their identities is a federal crime and a felony.”
Agents have been directed to treat those who film ICE as criminals—a DHS bulletin from June described filming at protests as "unlawful civil unrest" tactics and "threats."
Several videos out of Minnesota, Maine, and other places flooded by ICE have documented federal agents telling bystanders to stop recording and issuing threats against them or detaining them.
In one case, a bystander was told that because she was filming, she was going to be put in a "nice little database" and was now "considered a domestic terrorist."
Last month, a federal judge sided with a group of journalists in California who cited the June bulletin to argue that Noem had "established, sanctioned, and ratified an agency policy of treating video recording of DHS agents in public as a threat that may be responded to with force and addressed as a crime," in violation of the First Amendment.
The US Department of Homeland Security has claimed for months that filming immigration agents on the job constitutes a criminal offense. But under oath during a Senate Homeland Security Committee oversight hearing on Thursday, the leaders of immigration agencies under the department’s umbrella admitted this is not true.
Sen. Rand Paul (R-Ky.), the chair of the committee, interrogated Todd Lyons, the acting head of Immigration and Customs Enforcement (ICE); Rodney Scott, the commissioner of Customs and Border Protection (CBP); and Joseph Edlow, the director of US Citizenship and Immigration Services (USCIS) about the recent surge of agents in Minnesota, which has resulted in the killing of two US citizens since January.
He zeroed in on the case of Alex Pretti, the 37-year-old intensive care unit nurse who was shot by a pair of immigration agents on January 24, showing footage of the incident leading up to Pretti's killing, which DHS claimed was justified prior to any investigation taking place.
"So what we see is the beginning of the encounter with Alexander Pretti. He's filming in the middle of the street," Paul explained after rolling the tape.
The senator then asked Scott and Lyons, "Is filming of ICE or Border Patrol either an assault or a crime in any way?"
They both responded flatly, "No."
Courts have generally affirmed that filming law enforcement agents is protected by the First Amendment. But this admission by Lyons and Scott is a major deviation from what their parent agency has claimed.
Their boss, Homeland Security Secretary Kristi Noem, stated during a July press briefing that “violence” against DHS agents includes “doxing them” and “videotaping them where they’re at when they’re out on operations.”
Even in the wake of last month's shootings, DHS has held to this line, with spokesperson Tricia McLaughlin claiming that “videoing our officers in an effort to dox them and reveal their identities is a federal crime and a felony.”
Agents have been directed to treat those who film ICE as criminals—a DHS bulletin from June described filming at protests as "unlawful civil unrest" tactics and "threats."
Several videos out of Minnesota, Maine, and other places flooded by ICE have documented federal agents telling bystanders to stop recording and issuing threats against them or detaining them.
In one case, a bystander was told that because she was filming, she was going to be put in a "nice little database" and was now "considered a domestic terrorist."
Last month, a federal judge sided with a group of journalists in California who cited the June bulletin to argue that Noem had "established, sanctioned, and ratified an agency policy of treating video recording of DHS agents in public as a threat that may be responded to with force and addressed as a crime," in violation of the First Amendment.
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