Lawsuit Alleges Secret DHS Dossiers on ICE Observers

A coalition of privacy and civil- liberties groups filed a federal lawsuit in the U.S. District Court for the District of Columbia alleging that the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) compiled secret databases of individuals who legally observed, documented, or protested immigration enforcement. The complaint says the agencies collected names, photographs, vehicle information, license-plate data, social-media accounts and other identifiers without the notice or safeguards required by the Privacy Act of 1974. The plaintiffs— the Electronic Privacy Information Center (EPIC) and legal observers Nicole Cleland, Jacquelyn Ivey and Anna Walker—seek a declaration that the surveillance policy is unlawful, an injunction to halt the practice, and a ban on future collection of such records.

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According to the filing, DHS instituted a “Protester Surveillance Policy” beginning in 2025 that deployed drones, body-cameras, facial-recognition apps, license-plate scanners and mobile devices to capture data on “agitators, protestors, etc.” The complaint cites instances in Maine, Chicago and Minneapolis where observers were told they were being added to a “domestic terrorists” database, subjected to facial-recognition scans, or escorted to their homes by agents. The plaintiffs argue the practice revives concerns that motivated the Privacy Act, which was enacted after historic abuses such as the FBI’s COINTELPRO program.

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The suit also alleges that DHS used the collected information to retaliate against observers, including revoking Trusted Traveler status (e.g., TSA Pre-Check, Global Entry).

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• “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,” — Anna Walker

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• “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.” — Nicole Cleland

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• “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.” — John Davisson, EPIC deputy director

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If the court finds the DHS policy violates the Privacy Act, it could limit federal use of surveillance technologies for monitoring lawful First Amendment activity. A ruling could also set precedent for how agencies must notify individuals and safeguard data when employing tools such as facial-recognition and drone imaging, reinforcing privacy protections for journalists, clergy, volunteers and other community members who document government actions.

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