'By This Logic, Any Protest Could Be a Conspiracy': Conviction of Spokane ICE Protesters Raises Free Speech Concerns

With the conviction of three anti-ICE protesters in Spokane, Washington on federal "conspiracy" charges Thursday, civil rights advocates and legal experts fear that the Trump administration may have just been handed a powerful tool to criminalize dissent.

Jac Archer, Justice Forral, and Bajun Mavalwalla II, nicknamed the "Spokane 3," were indicted last year for their actions at a protest in June 2025, where they attempted to physically obstruct ICE agents from transporting two Venezuelan immigrants to an ICE processing facility in Tacoma.

Both of the men reportedly entered the US legally under a humanitarian parole program that had been terminated by the Trump administration, leading advocates to protest their detention.

As Spokesman-Review, a Spokane newspaper, described:

Protesters that day eventually began linking arms around vans and in front of agents’ cars. The event grew chaotic. ICE agents entered a crowd of people standing outside the facility’s parking lot gate and began grabbing people by the necks and arms, pushing them to the ground. Protesters also slashed tires of vans meant to transport the detainees.

But where such activity would usually lead to charges against specific protesters for discrete illegal actions like trespassing, property damage, or other public order offenses, the Department of Justice (DOJ)—as part of a nationwide effort to crack down on protests against ICE—charged nine protesters with "conspiracy to impede or injure officers," even though no officers were actually injured during the protest.

Legal experts described it as a novel approach that wrapped many people involved in the protest into a single "conspiracy" regardless of whether they committed specific criminal acts.

“Usually if a protest gets out of hand and people are hurt or property is hurt, you see charges based on that,” Mary Fan, a former federal prosecutor and a University of Washington law professor, told The New York Times earlier this month. “They’re not going after people based on specific harm done. They’re stretching conspiracy charges to target protesters and people who organize protests.”

Facing pressure from the federal government to bring the case following a national memo sent from the DOJ to prioritize and publicize cases against ICE agents, then-acting US Attorney for Eastern Washington Richard Barker resigned last year rather than bring charges against the protesters.

He said at the time he was grateful he “never had to sign an indictment or file a brief that [he] didn’t believe in." His successor, Stephanie Van Marter, however, did sign the order.

Six of the defendants pleaded guilty to the charges to avoid federal prison time. But Archer, Forral, and Mavalwalla chose to fight them, believing the case was part of an unjust attempt to criminalize their right to protest.

After a trial that lasted seven days, a jury found the three defendants guilty of conspiracy. But the defense has argued that the trial was marred by problems that rendered the verdict faulty.

As the Guardian explained:

In February, a federal judge ordered the release of a Venezuelan migrant whose transportation for deportation the protesters sought to block, ruling his arrest violated the constitution.

But the jury, drawn from conservative eastern Washington state, did not hear those facts at trial, thanks to rulings by Judge [Rebecca] Pennell. Pennell, a former federal public defender and appointee of the Democratic president Joe Biden, also ruled the protesters on trial could not use the First Amendment as a defense, though they were allowed to state their reasons for demonstrating.

Instead, the jury watched hours of law enforcement body camera video and heard from a parade of ICE agents... Jeremy Burlingame, an ICE agent who testified, had authored social media posts that called Black politicians “lying ghetto garbage” and transgender people “mentally ill.” He boosted a post showing ICE arresting a pregnant woman at gunpoint that called her a “pregnant invader.”

Federal prosecutors deemed the posts troubling enough to recall Burlingame to impeach him, despite the fact that he was their witness...

But Burlingame’s online posts, the lack of injury to ICE officers, and the absence of evidence showing communication between the three defendants prior to the protest were not enough to sway the jury.

The defendants now face potential sentences of up to six years in prison and a $250,000 fine. However, they are expected to appeal the verdict and have filed a rarely used motion allowing their attorneys to argue that no rational juror could find their clients guilty.

"I question whether justice truly was served by today’s verdict,” Barker told the Spokesman-Review. "This was the first conspiracy prosecution in Eastern Washington history under... a Civil War-era law dusted off to punish members of the Spokane community who stood up for two young men who were unlawfully detained by ICE."

Video by KREM 2 News/Youtube

Looking beyond the details of the trial itself, many observers questioned the very premise of the DOJ's prosecution.

Spokane Mayor Lisa Brown said from the start of the trial she believed it was "politically motivated."

"It was meant to make an example out of people who disagreed with federal immigration policy," she said.

City council member Sarah Dixit, who said she took part in the protest, said: "Based on the evidence that was shown, I personally didn’t see evidence of what they were accused of. Conspiracy is a charge that feels complicated to prove, and I don’t believe that the government made a strong case for that.”

Others expressed fear for the precedent that had been set. La Rond Baker, the legal director of the Washington ACLU, said the Trump administration "has a demonstrable history of using the Department of Justice to silence and punish its critics."

The administration has pursued similar sweeping conspiracy charges against other groups of anti-ICE protesters around the country—including in Los Angeles, Broadview, Illinois, and North Texas.

“The verdict was painfully disappointing,” said Archer’s attorney, Carl Oreskovich. “I think it was an extraordinarily aggressive approach to prosecution of protests. And it certainly is going to chill people who want to utilize their First Amendment right to dissent against government actions that they don’t agree with."

In a comment to The Guardian, Robert Chang, a law professor at the University of California, Irvine School of Law and executive director of its Fred T. Korematsu Center for Law and Equality, said the verdict was "frightening."

“By this logic, any protest could be a conspiracy,” he said. “The goal posts keep moving.”

Bajun Mavalwalla Sr., a retired US Army intelligence officer who served in Afghanistan, said his son—also a veteran of the same war—and the other two defendants were standing for "the freedoms that separate this country from the dictatorships.”

“People in Spokane and people in Eastern Washington need to understand that we were guinea pigs. That they brought the swamp of Washington, DC, into our area to stop American citizens from exercising our rights that are guaranteed,” the elder Mavalwalla said after his son was convicted.

“It was the whole point of the Constitution, the right to protest, the right to dissent, the right to assemble, all of those things are now in question because of this case," he said. "My son has taken the brunt of the entire weight of the United States government onto their shoulders.”