Lawsuit claims DHS unlawfully monitored and harassed observers

A recent lawsuit claims that the Department of Homeland Security (DHS) has been unlawfully tracking and intimidating observers during federal immigration enforcement operations. Colleen Fagan, a social worker, found herself targeted by federal agents while observing an operation in Portland, Maine. In a viral social media video, Fagan questioned an agent who acknowledged recording her information and labeled her a “domestic terrorist” due to their “nice little database”.

Fagan, now a plaintiff in a federal class-action lawsuit, is represented by the legal nonprofit Protect Democracy and law firms Dunn Isaacson Rhee and Drummond Woodsum. The suit alleges that federal agents are violating First Amendment rights by retaliating against individuals documenting these immigration enforcement activities. The lawsuit claims that observers are being unfairly branded as domestic terrorists or forced to surrender their constitutional rights.

DHS has faced criticism for their alleged practices, with accusations of monitoring and labeling individuals as domestic terrorists, allegations the agency has consistently denied. Tricia McLaughlin, a former DHS spokesperson, asserted that there is no such database of “domestic terrorists” maintained by DHS. However, after the fatal shootings of two U.S. citizens by federal agents, both were quickly labeled as domestic terrorists.

Federal authorities have access to technology such as facial recognition and license plate scanning tools, enabling them to intimidate observers and protesters. Federal agents have reportedly followed observers back to their homes, demonstrating knowledge of their personal information. Observers have recounted instances in which agents led them to their residences, signaling they were aware of their whereabouts, thereby contributing to the overall climate of intimidation and fear.

It is within observers’ legal rights to film and monitor federal agents from a safe distance, according to Scarlet Kim, a senior staff attorney with the ACLU’s Speech, Privacy, and Technology Project. Despite this clarification, many individuals in Minnesota documented instances where they were deterred or accused of impeding federal agents during their operations.

The DHS definition of “violence” against agents has been expanded to include activities like “doxing” and recording agents in the field. “Doxing” ICE law enforcement officers, according to DHS, contributes to domestic terrorism. Attorney General Pam Bondi has also aligned “doxing” law enforcement with domestic terrorism in a memo issued last December.

Another plaintiff in the lawsuit, Elinor Hilton, experienced similar intimidation tactics when agents captured her details during an immigration enforcement operation at a Home Depot in Portland. Following the encounter, an agent allegedly threatened Hilton, suggesting she would be placed on a domestic terrorist watchlist and that they would visit her later that night. These instances of harassment have raised concerns over the erosion of constitutionally protected rights to observe and document government activities.