Three people who observed federal immigration enforcement during the Trump administration’s sometimes-violent surge said in a federal lawsuit filed Friday the Department of Homeland Security illegally recorded them and revoked their status in the department’s trusted traveler programs.
The suit, filed in the Southern District of California, says the administration violated a federal privacy law, administrative law and the First Amendment by targeting people who observed and protested aggressive immigration enforcement, including during the deadly operation in Minneapolis in January.
The Electronic Privacy Information Center, a legal group that advocates for privacy issues related to technology, is also a plaintiff in the case.
Amid a nationwide surge of immigration enforcement that has included federal agents shooting and killing protesters, observers and immigrants, opponents “did what anyone is supposed to do when they disagree with government action: They exercised their First Amendment rights” by assembling, protesting and recording DHS agents’ activity in public, the suit says.
“In response, DHS decided to record the Americans who were peacefully observing its agents,” the suit says.
Officers with the DHS agencies Immigration and Customs Protection and Border Patrol killed two observers, Renee Good and Alex Pretti, in Minneapolis in incidents 17 days apart in January.
‘Driven home by ICE’
ICE and Border Patrol agents used facial recognition technology, license plate readers and other technology to identify protesters and observers. The agents would then use that information in efforts to intimidate and retaliate against protesters, the suit says.
Federal immigration officers addressed many legal observers by name, despite having never spoken to them. In Minnesota, legal observers tailing DHS agents in a car would commonly be led back to their own home addresses, according to the suit.
“The experience … is so widespread that Minnesota residents have coined a term for it: being ‘driven home by ICE,’” the suit said.
The practice shows that DHS is no longer following its own 2023 policy on facial recognition, the suit says. The department quietly removed the policy from its website — omitting it even from a set of archived pages — during President Donald Trump’s first month back in office, the suit says.
The complaint argues that amounted to a policy change, which DHS did not conduct through the process agencies must follow under the Administrative Procedure Act.
The department also retaliated against protesters and observers by revoking their status in DHS trusted traveler programs TSA Precheck and Global Entry, the suit says.
Nicole Cleland, a Minnesota woman who is one of the individual plaintiffs in the suit, said Global Entry status was revoked three days after an encounter with a Border Patrol agent whom she was following at a safe distance, according to the suit.
Chilling rights
The suit alleges DHS’ actions have had a chilling effect on First Amendment-protected activity.
Cleland has stopped observing DHS operations for fear of further retaliation, according to the suit.
The two other individuals who brought the suit, Jacquelyn Ivey of South Carolina and Anna Walker of California, said they experienced “fear, anxiety and emotional distress” following their interactions with DHS officers.
The suit also mentions activity in Maine, North Carolina and Chicago.
DHS response
In response to a request to DHS for comment, a spokesperson for Customs and Border Protection, which administers Global Entry, said trusted traveler status can be denied for “inability to demonstrate low-risk traveler status.”
“Global Entry or other CBP Trusted Traveler Program memberships are not revoked because someone exercises their First Amendment rights,” the spokesperson wrote. “Membership may be denied or revoked for reasons such as criminal activity (including pending charges or warrants), violations of customs or immigration laws, or inability to demonstrate low-risk traveler status.”
The spokesperson added that travelers whose Global Entry is denied or revoked can ask for additional review. A Global Entry ombudsman provides “additional oversight” of some cases, the spokesperson said.
A denial of Global Entry is not an impediment to travel, they wrote.
DHS did not respond to questions about its policies for recording or using facial recognition on observers.
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