The plaintiffs—the Electronic Privacy Information Center (EPIC) and legal observers Nicole Cleland, Jacquelyn Ivey, and Anna Walker—argued that the US Department of Homeland Security (DHS), US Immigration and Customs Enforcement (ICE), and other federal agencies created and maintained databases of people who observed, documented, or protested immigration enforcement activities without providing notification or safeguards, as required under the Privacy Act of 1974.
That law was passed after the exposure of illegal government surveillance, including longtime former Federal Bureau of Investigation Director J. Edgar Hoover's infamous COINTELPRO program, under which the FBI, in addition to conducting unlawful spying, funded and armed murderous far-right militants to terrorize anti-Vietnam War protesters, anti-nuclear weapons activists, civil rights leaders including Martin Luther King, Jr., and other leftists.
“The federal government cannot build secret dossiers on people because they exercise their First Amendment right to peacefully observe, document, or criticize its actions," Democracy Forward president and CEO Skye Perryman said in a statement announcing the lawsuit. "That is exactly the kind of government surveillance Congress sought to prevent when it enacted the Privacy Act after some of the darkest chapters in our nation’s history."
The lawsuit accuses the Trump administration of collecting the names, photographs, vehicle information and license plate numbers, social media accounts, and other identifying information about legal observers, volunteers, journalists, clergy, and community members engaged in First Amendment-protected activities during the government's deadly anti-immigrant crackdown.
"When the Department of Homeland Security dramatically ratcheted up its immigration enforcement, people across the country—of all ages and backgrounds—did what anyone is supposed to do when they disagree with government action: They exercised their First Amendment rights," the suit states. "They peacefully protested. And, as matters here, they observed and recorded how law enforcement agents acted in public."
"In response, DHS decided to record the Americans who were peacefully observing its agents, adopting a secret Protester Surveillance Policy enabling its agents to first collect records on Americans engaging in First Amendment exercise and then maintain them in DHS systems, where they can be used to retaliate against those Americans," the complaint continues.
"Beginning sometime in 2025, DHS deployed a dragnet of drones, bodycams, face-scanning apps, license plate scanners, and camera phones to, as one memo instructed, 'capture all images, license plates, identifications, and general information on hotels, agitators, protestors, etc., so we can capture it all in one consolidated form,'" the document notes.
"DHS agents have not been shy about gathering this information or its purpose," the plaintiffs contended. "In Maine, DHS agents told multiple observers that they were being added to a database of 'domestic terrorists.' In Chicago, agents routinely used facial irecognition scans on members of the public."
"In Minneapolis, observers simply watching agents on public streets have been led by those agents to their own houses, despite never having interacted with an agent—a practice so common that it has been named 'being driven home by ICE,'" the suit says. "And across the country, DHS agents have approached observers and addressed them by their full names, even though those observers never identified themselves to the agents or showed them any form of identification."
"As a result of its Protester Surveillance Policy, DHS has recorded and retaliated against each individual plaintiff," the filing alleges. "It’s bad enough that DHS publicly collected information on Americans engaged in lawful First Amendment exercise. But worse, DHS also decided to maintain the information in one or more of its systems, enabling it to later retaliate against observers and protestors—including by canceling Trusted Traveler status," which includes Transportation Security Administration Pre-Check and Global Entry.
The plaintiffs are asking the court to declare the DHS surveillance policy unlawful, end it, and ban the agency from continuing to collect and keep records of individuals’ protected First Amendment activities.
“Now more than ever, those of us who have the privilege to speak out have a responsibility to defend the rights of everyone in our communities,” Walker said in a statement. “When people are punished for exercising their First Amendment rights, we begin losing the democratic principles that protect all of us. Every American should be alarmed by retaliatory action against one’s free speech."
Cleland said: “I believe government accountability starts with transparency. People should be free to peacefully observe and document what their government does in public without worrying they’ll be tracked or retaliated against. This case is about protecting that right for everyone.”
EPIC deputy director John Davisson warned, “When our government compiles secret dossiers on everyday people for exercising their constitutional rights, it sends a chilling message: If you speak up, watch your back."
"If every protest, every recording, every act of dissent opens us up to surveillance and retribution, privacy and free speech are at risk of collapse," he added. "But the laws of this nation don’t permit that, and we won’t either.”
