DHS Surveillance of Minnesota Protest Groups Raises Legal and Ethical Questions

Federal documents filed in a federal conspiracy case reveal that Department of Homeland Security (DHS) agents infiltrated meetings of ICE-opposition protesters across the Twin Cities. Agents attended gatherings at Prince of Peace Lutheran Church, a Minneapolis library, a brewery, and other venues, recording license plates and compiling dossiers that included names, addresses, family details and employment information. The motion also shows a PowerPoint slide labeling 18 organizations as “The Conspiracy,” linking them to the defendants.

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The surveillance followed a winter-time surge in ICE enforcement in Minnesota, prompting a series of lawful protests organized by labor unions, community groups and faith-based congregations. Protesters planned blockades at the federal building that houses ICE headquarters, actions prosecutors argue fall outside First Amendment protection.

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The government described the surveillance as “standard law enforcement practice” and asserted that requesting financial records from groups such as the Service Employees International Union and the Communications Workers of America was “within the authority” of DHS. DHS declined to comment on the investigation’s status, directing inquiries to the U.S. Attorney’s Office for the District of Minnesota, which also declined comment. A hearing in the conspiracy case is set for this week.

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Rachel Levinson-Waldman, director of the Liberty and National Security Program at the Brennan Center for Justice, said the tactics break from decades-long norms and echo the FBI’s COINTELPRO program, raising concerns that legality does not equate to ethical acceptability. Aaron Terr, director of public advocacy with the Foundation for Individual Rights and Expression, warned that the surveillance could sweep up lawful activity and questioned whether the government is investigating crimes or political movements. Bernie Burnham, president of the Minnesota AFL-CIO, characterized the effort as “bringing back McCarthyism.”

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• “It feels weird. It feels like I'm living in 1950s Eastern Europe,” — Steve Sylvester

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• “I do imagine people will look over their shoulder a little more and wonder, 'Is there someone here who's trying to gather information?' Or when they see a strange car in the parking lot,” — Cody Sanders, interim pastor at University Baptist Church in Minneapolis

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• “toggle caption Jaida Grey Eagle for NPR "I would understand why they would send somebody to that meeting, considering it was open to anybody that wanted to come because they were probably trying to figure out whether or not protesters were going to do something more serious against their agents," Manancero says.” — Sponsor Message Sergio Manancero

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• “Am I surprised that they did it?” — Sponsor Message Sergio Manancero

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• “These reports raise the question of whether the government is investigating crimes or investigating political movements,” — Aaron Terr, director of public advocacy with the Foundation for Individual Rights and Expression

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