from the deliberately-wrong-about-the-law dept
ICE activity has increased exponentially since Trump’s return to office, bringing with it an exponential increase in rights violations committed by federal officers. Multiple lawsuits have been filed and, without exception, courts have safeguarded the rights of people to peacefully protest and document federal officers as they perform their duties.
Meanwhile, the people running DHS and its components continue to claim that merely recording officers is a criminal act. But it’s not. It’s protected by the Constitution whether ICE likes it or not. Under Trump, ICE and DHS are taking a bold new stance against recording officers, telling those with boots on the ground deliberately false things, like this:
[T]he guidance urges officers to consider a range of nonviolent behavior and common protest gear—like masks, flashlights, and cameras—as potential precursors to violence, telling officers to prepare “from the point of view of an adversary.”
Protesters on bicycles, skateboards, or even “on foot” are framed as potential “scouts” conducting reconnaissance or searching for “items to be used as weapons.” Livestreaming is listed alongside “doxxing” as a “tactic” for “threatening” police. Online posters are cast as ideological recruiters—or as participants in “surveillance sharing.”
That guidance was released to federal officers back in July. The rhetoric has only ramped up since then, with DHS officials publicly stating that they’re going to treat protected First Amendment activity as a crime. The responses delivered by these officials following this July reporting was indicative of their mindset:
DHS Secretary Kristi Noem told reporters in July that it was “violence” to be “doxing” and “videotaping them where they’re at when they’re out on operations.” DHS Assistant Secretary Tricia McLaughlin reiterated the point in August that “videotaping ICE law enforcement and posting photos and videos of them online is doxing our agents.… And we will prosecute those who illegally harass ICE agents.”
A memorandum issued at the beginning of December provided guidance for DOJ prosecutors seeking to punish people for utilizing their constitutional rights. According to the memo, people who follow officers to observe, record, or protest their actions are to be treated as criminal obstructionists, if not as actual domestic terrorists.
When reached for comment on this memo by CJ Ciaramella of Reason, the DHS doubled down on its decision to treat this right as a crime:
In response to a question from Reason asking if the department considered following or recording a federal law enforcement officer to be obstruction of justice, the DHS Office of Public Affairs said in an emailed statement attributed to an unnamed spokesperson: “That sure sounds like obstruction of justice. Our brave ICE law enforcement face a more than 1150% increase in assaults against them. If you obstruct or assault our law enforcement, we will hunt you down and you will be prosecuted to the fullest extent of the law.”
Filming or even being in the general area of federal officers engaged in their public duties isn’t “obstruction.” Neither is identifying officers — officers who, by the way, should be wearing stuff that makes them identifiable, rather than the blend of army surplus and balaclavas that further separates them from accountability.
And, of course, the DHS refers to that especially meaningless stat (“1150% increase in assaults”), as though that somehow justifies its decision to use the Constitution as a door mat. All that actually means is that there have been 115 more “assaults” as compared to 2024. Back when the DHS was touting its “690% increase in assaults” as an argument against preventing ICE officers from wearing masks, it was comparing 79 alleged assaults through the first six months of this year against the 10 that had been committed from January-June 2024.
That’s just an empty stat that allows DHS spokespeople to trot out a gaudy number that will grab eyeballs but otherwise just allows the MAGA-cooked to continue to pretend “Democrat cities” are being destroyed by violent anti-ICE protests.
Even if it were true that it’s exceptionally dangerous to be an ICE officer at this point in time, that doesn’t justify pretending the First Amendment simply doesn’t exist. Actual assaults are criminal acts. Filming federal officers who don’t want to be filmed definitely isn’t.
Filed Under: 1st amendment, dhs, ice, kristi noem, mass deportation, rights violations, tricia mclaughlin, trump administration
