- ICE Making List of Anyone Who Films Them. “We have a nice little database and now you’re considered a domestic terrorist.” Ken Klippenstein
- ICE’s Secret Watchlists of Americans Sparta, Reaper and Grapevine track protesters, their friends (+ others) – Ken Klippenstein
- Wired [no paywall] – Meta Is Blocking Links to ICE List on Facebook, Instagram, and Threads – Users of Meta’s social platforms can no longer share links to ICE List, a website listing what it claims are the names of thousands of DHS employees.
- Washington Post – The powerful tools in ICE’s arsenal to track suspects — and protesters. Biometric trackers, cellphone location databases and drones are among the surveillance technologies that federal agents are tapping in their deportation campaign.
Cato Institute Report – “On December 4, the Department of Justice (DOJ) disseminated a memorandum to all federal prosecutors creating a strategy for arresting and charging individuals supposedly aligned with “Antifa.” The memo requires DOJ to investigate and identify the “most serious, most readily provable” crimes committed by potential targets, including those with “extreme views in favor of mass migration and open borders.” Specifically, the document defines domestic terrorism broadly to include “doxing” and “impeding” immigration and other law enforcement. Doxing is not specifically defined, but the memo references calls to require Immigration and Customs Enforcement (ICE) agents to give their names and operate unmasked. Individuals who donate to organizations that “impede” or “dox” will be investigated and deemed to have supported “domestic terrorism.” Therefore, it is crucial to understand that ICE and the Department of Homeland Security (DHS) consider people who follow DHS and ICE agents to observe, record, or protest their operations as engaging in “impeding.” DHS has a systematic policy of threatening people who follow ICE or DHS agents to record their activities with detentions, arrests, and violence, and agents have already chased, detained, arrested, charged, struck, and shot at people who follow them. The purpose of this post is to establish that these incidents are not isolated overreach by individual agents, but rather, an official, nationwide policy of intimidating and threatening people who attempt to observe and record DHS operations. This matters legally because courts are more likely to enjoin an official policy rather than impose some new requirements to stop sporadic, uncoordinated actions by individual agents…
- People have a right to record law enforcement during their operations, as my colleague Walter Olson describes in more depth.
- People generally have a right to protest, yell out, insult, swear at, and even “verbally interrupt” law enforcement during their operations.
- People generally have a right to post the names of law enforcement agents, including undercover agents, unless it is done with a provable intent to threaten them.
- People have a right to generally warn others about the presence of law enforcement, for example, by holding a sign, honking, flashing lights, or livestreaming.
- Honking can only be limited through a content-neutral, traffic-safety statute, which does not exist under federal law.
- People may not be arrested or detained, even for real technical traffic violations, if the officers are motivated by a desire to retaliate against their speech and the arrest or detention would not have otherwise been made…”