Federal Judge Holds DHS in Contempt Over Delayed Cellphone Imaging

U.S. District Judge Maame Ewusi-Mensah Frimpong (Central District of California) ordered the Department of Homeland Security (DHS) in January to produce forensic images of personal cellphones used by more than 800 immigration agents during a series of Los Angeles raids in 2025. The order was part of a class-action lawsuit filed by the American Civil Liberties Union (ACLU) and other advocacy groups that allege the phones contain evidence of racial profiling.

CalmattersThe HillWhy A California Judge Held Homeland Security In Contempt

DHS initially claimed agents did not use personal devices for work-related texts, a position later contradicted by testimony from five agents. The agency later disclosed that it was processing three phones every two weeks, a pace that would require almost four years to complete. Judge Frimpong imposed a $500 daily fine for non-compliance and ordered reimbursement of plaintiffs’ legal fees. On July 28, the court noted DHS had been given “plenty of time” and held the agency in civil contempt, resulting in a $3,500 payment to satisfy the fine.

The Hill

The ACLU and its attorneys argue the delayed imaging “thwarts” the court order and hides a pattern of racial profiling. Text messages and body-camera footage cited by the plaintiffs include slurs such as “wet” and “tonks” used to identify working-class Latinos.

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The agency has not commented further on whether the use of the term “tonks” violates internal policy.

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• “Given that Plaintiffs have shown by clear and convincing evidence that the Defendants violated a specific and definite order of the court, the burden shifted to Defendants to demonstrate why they were unable to comply,” — Mensah Frimpong, district judge

The Hill

• “Not only are federal agents violating the Constitution on the streets, the government is violating court orders by intentionally withholding critical evidence about its immigration enforcement operations.” — Mayra Joachin

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