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NEW YORK — Following a troubling wave of retaliations against journalists, advocates, and bystanders recording immigration enforcement activity in public view, the ACLU and ACLU of Northern California filed a request under the Freedom of Information Act (FOIA) seeking transparency about DHS's policies and practices related to people filming immigration and law enforcement activity.
The FOIA requests filed come after multiple incidents of aggressive hostility towards those who record immigration and law enforcement activity in public. For example, in June, immigration agents threw to the ground and arrested a U.S. citizen filming immigration agents detaining workers at a Home Depot parking lot in Hollywood.The requests also seek answers about agency targeting of individuals or organizations that record and share documentation regarding immigration raids and arrests.
“If the Department of Homeland Security needs a reminder: the right to record immigration and law enforcement activity is squarely protected by the First Amendment” said Byul Yoon, legal fellow at the ACLU’s Speech, Privacy & Technology Project. “We are concerned that activists, journalists, and concerned bystanders are at risk of assault and arrest, simply for sharing information about public safety in their communities. We demand transparency into this unconstitutional practice, and we must ensure that the government is held accountable for these egregious violations.”
"This is part of a broader Trump administration strategy to intimidate and silence people who document immigration enforcement or criticize government actions” said Jake Snow, senior staff attorney at the ACLU of Northern California. “The First Amendment robustly protects expressions of disapproval, advocacy for reform, and demand for governmental accountability. This speech is protected even when the criticism is severe or politically charged."
The requests were filed with DHS as well as Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and U.S. Citizenship and Immigration Services (USCIS). The federal government has 20 business days to respond to the request.
The FOIA request can be found here.
