Lawsuit Challenges DHS Surveillance Tactics Against Observers

A federal class action lawsuit has been filed against the Department of Homeland Security (DHS) by Colleen Fagan and other plaintiffs, alleging that the agency has engaged in unconstitutional surveillance and intimidation of individuals observing immigration enforcement operations. The lawsuit, initiated by the nonprofit Protect Democracy and law firms Dunn Isaacson Rhee and Drummond Woodsum, claims that DHS agents have been unlawfully tracking and labeling observers as "domestic terrorists." This legal action follows an incident in Portland, Maine, where Fagan recorded federal agents during an enforcement operation and was told by an agent, "Cause we have a nice little database... and now you're considered a domestic terrorist."

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The lawsuit highlights the use of facial recognition technology and mobile applications by DHS agents to identify and intimidate observers. The plaintiffs argue that these practices violate their First Amendment rights by chilling their ability to document federal activities. The lawsuit cites experiences from various observers, including Elinor Hilton, who reported being threatened by agents and subsequently altered her behavior out of fear of being tracked.

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DHS officials have publicly denied the existence of any database tracking domestic terrorists. Tricia McLaughlin, a former spokesperson for DHS, stated, "There is NO database of 'domestic terrorists' run by DHS." However, the lawsuit contends that the actions of federal agents suggest otherwise, claiming that if the denials are true, the agents were misleading the public to intimidate lawful observers. The lawsuit seeks to prevent DHS from collecting personal information on individuals exercising their First Amendment rights and to expunge any existing records.

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Critics of DHS's practices include civil rights organizations such as the American Civil Liberties Union (ACLU), which asserts that it is legal for individuals to observe and record federal agents at a safe distance. The ACLU has gathered declarations from numerous observers in Minnesota who reported being told by federal agents that their actions were illegal, despite the legality of their observations. Furthermore, Tom Homan, a former immigration adviser under President Trump, suggested the creation of a database for individuals who impede ICE operations, raising concerns about the potential for misuse of such information.

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The lawsuit aims to secure a judicial ruling that would halt DHS's alleged unconstitutional surveillance tactics and protect the rights of observers. JoAnna Suriani, counsel at Protect Democracy, emphasized the importance of this legal action in ensuring that the federal government cannot use surveillance to silence dissent and intimidate those who monitor federal activities.

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• "A federal agent called me a domestic terrorist just because I recorded agents operating in public in my community." — Colleen Fagan, Plaintiff

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• "If Defendants' denials are true... then they are deliberately lying about domestic terrorist watchlists or databases to unlawfully intimidate observers." — Lawsuit Statement

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• "We're going to create a database where those people that are arrested for interference... we're going to let their employers, in their neighborhoods, in their schools, know who these people are." — Tom Homan, Former Immigration Adviser

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This lawsuit underscores the ongoing tensions between federal enforcement practices and the rights of individuals to observe and document government actions, raising critical questions about surveillance, accountability, and civil liberties in the United States.

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