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Lawsuits challenge federal surveillance and intimidation of ICE observers

Lawsuits challenge federal surveillance and intimidation of ICE observers

Rule Changes

Lawsuits accuse DHS, DOJ, and FBI of punishing people who record immigration enforcement; new unsealed records show observers added to a federal database, and one lawsuit was dismissed on standing grounds

October 15th, 2026: Santa Ana police arrest two ICE watchers

Overview

Updated 5 days ago

Common Cause's 94-page lawsuit, filed Sept. 10 in Washington, D.C., asks a judge to bar the Department of Homeland Security, the Justice Department and the FBI from retaliating against people who record immigration enforcement. A federal judge in Ohio dismissed a similar suit from observer Sean Moorman on Oct. 2, saying the court lacked jurisdiction because the officers had left the area. The judge agreed observers have a First Amendment right to record.

Records and arrests since then point to wider surveillance. USA Today reported Oct. 8 that ICE's St. Paul field office kept an "Agitator Log" with 60 entries on protesters and legal observers in Minneapolis, including photos and license plates. In Maine, an agent added eight observers to a DHS database, and one was held at the Canadian border; Santa Ana police arrested two ICE watchers Oct. 15 on suspicion of stalking off-duty agents.

Why it matters

The cases test whether federal agents can use watchlists, face recognition and border stops to punish people who film immigration enforcement in public.

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Key Indicators

94
Pages in the Common Cause complaint
The lawsuit consolidates incidents from observers in at least six states.
8
Maine observers added to a DHS database
A federal agent entered them into the Investigative Case Management system in January. One was held at the Canadian border.
60
Entries in Minneapolis ICE "Agitator Log"
The St. Paul field office logged interactions with protesters and legal observers in spring 2026, including vehicle photos and license plates.
2
Santa Ana ICE watchers arrested
Police arrested two women who monitor immigration raids on suspicion of stalking off-duty ICE agents.

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People Involved

Khalili (first name not disclosed)
Khalili (first name not disclosed)
Named plaintiff in the Common Cause lawsuit
Had Global Entry revoked, later reinstated after a reporter inquired
HD
Hunter Demster
Memphis resident and plaintiff in a separate ACLU lawsuit
Was scheduled for a September 23, 2026 hearing on the preliminary injunction request; outcome not yet reported
SM
Sean Moorman
Springfield, Ohio resident and former plaintiff in ICE observer lawsuit
Lawsuit dismissed on standing grounds Oct. 2, 2026
CW
Carlyn Williams
Maine observer and plaintiff in a federal lawsuit against DHS
Plaintiff in a Maine lawsuit seeking to change her database record and bar retaliation against observers

Organizations Involved

Common Cause
Common Cause
Voting rights group
Lead plaintiff in the September 2026 lawsuit

Nonprofit focused on government accountability and citizen participation.
U.S. Department of Homeland Security (DHS)
U.S. Department of Homeland Security (DHS)
Federal Agency
Defendant

Parent agency of ICE and CBP, both named in the lawsuits.
Department of Justice
Department of Justice
Federal law enforcement agency
Defendant

Issued memo operationalizing NSPM-7, linking observer activity to domestic terrorism.
Federal Bureau of Investigation (FBI)
Federal Bureau of Investigation (FBI)
Federal law enforcement and intelligence agency
Defendant

Accused of participating in surveillance and intimidation of observers.
American Civil Liberties Union (ACLU)
American Civil Liberties Union (ACLU)
Nonprofit Organization
Represents Memphis plaintiff Hunter Demster

Filed the separate Memphis Safe Task Force lawsuit on Demster's behalf.

Timeline

January 2025 October 2026

15 events Latest: October 15th, 2026 · 1 week ago Showing 8 of 15
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  1. Santa Ana police arrest two ICE watchers

    Latest Legal

    Two women who monitor federal immigration raids in Orange County were arrested on suspicion of stalking a pair of off-duty ICE agents, police said.

  2. USA Today obtains secret ICE "Agitator Log" database

    Surveillance

    The St. Paul field office log has 60 entries on protesters and legal observers around Minneapolis's Whipple Federal Building from spring 2026, including vehicle photos, license plates and notes on whether local police were called.

  3. Unsealed records show Maine observers added to DHS database

    Legal

    Court records reveal a DHS agent added eight Maine residents to the Investigative Case Management database in January, including observers who recorded ICE activity. One woman was detained at the Canadian border as a result.

  4. Judge dismisses Ohio ICE observer lawsuit on standing grounds

    Legal

    Federal Judge Michael J. Newman dismissed Sean Moorman's lawsuit against seven ICE officers, ruling the court lacked jurisdiction because the officers had left Springfield. The court affirmed observers' First Amendment right to record federal officers.

  5. Hearing scheduled on Memphis observer preliminary injunction

    Legal

    Federal court hears arguments on whether to block the Memphis Safe Task Force from retaliating against observers.

  6. Common Cause files sweeping observer intimidation lawsuit

    Legal

    94-page complaint filed in Washington, D.C., against DHS, DOJ, FBI. Seeks nationwide injunction barring retaliation against observers.

  7. Agents make second visit to Demster's home

    Surveillance

    Second visit in four days, documented in ACLU court filing.

  8. Task force agents visit Demster's home

    Surveillance

    Agents go to Demster's residence and take photos or video of him.

  9. Memphis task force arrests observer Hunter Demster

    Legal

    Agents arrest Demster while he records them, citing Tennessee's Halo Law. ACLU says agents created a 'moving wall' to trigger it.

  10. Observer's Global Entry revoked after ICE stop

    Retaliation

    Customs and Border Protection revokes Khalili's Global Entry one day after ICE officers photographed him. Later reinstated.

  11. Protect Democracy files observer intimidation lawsuit

    Legal

    Nonprofit alleges federal agents unconstitutionally retaliate against observers using facial recognition and license plate readers.

  12. Minnesota investigation leads to charges against 15 activists

    Legal

    Federal charges for conspiracy to impede ICE, based on NSPM-7. Exact date not confirmed.

  13. DOJ issues memo operationalizing NSPM-7

    Policy

    Memo extends NSPM-7 framework to investigations of activists. Exact date not confirmed.

  14. NSPM-7 links observership to domestic terrorism

    Policy

    National Security Presidential Memorandum 7 ties impeding immigration enforcement to domestic terrorism. Exact date not confirmed in sources.

  15. Second Trump administration begins

    Political

    New administration begins issuing national security directives, including NSPM-7.

Scenarios

1

Court orders nationwide halt to observer intimidation

Possible Resolves by Q2 2027

Discussed by: Plaintiffs' attorneys in the Common Cause and ACLU filings

A federal judge in Washington, D.C., grants a preliminary injunction barring DHS, DOJ, and the FBI from threatening, harassing, or collecting records on people who observe immigration enforcement. The court would also order expungement of already-collected records. This would be the first binding nationwide restraint on the practices described in the complaint.

2

Lawsuit dismissed or narrowed on standing grounds

Possible Resolves by Q2 2027

Discussed by: Federal government defense attorneys (not publicly named in sources)

The government argues plaintiffs lack standing because individual injuries, such as revoked Global Entry status, were remedied, and that the alleged nationwide policy is not a single actionable program. If the court agrees, the case narrows to the handful of named plaintiffs' specific encounters rather than seeking a broad structural ruling.

3

Settlement brings policy changes without court ruling

Uncertain Resolves by End of 2027

Discussed by: Legal observers following the case informally

Agencies agree to issue new guidance limiting surveillance and retaliation against observers, without admitting liability. Observers' Global Entry status would be restored, and records expunged. This mirrors the pattern where Khalili's Global Entry was reinstated only after media inquiry — a settlement would codify that protection for all.

Historical Context

3 moments from history that rhyme with this story — and how they unfolded.

1956–1971

COINTELPRO (1956–1971)

The FBI ran a covert program of surveillance, infiltration, and harassment targeting civil rights, anti-war, and other political groups it deemed subversive. Agents labeled legitimate activists as threats and used informants, wiretaps, and smear campaigns against them.

Then

The 1975 Church Committee hearings exposed the program and forced the FBI to adopt domestic security guidelines limiting surveillance of political activity.

Now

The program became the defining example of federal surveillance of lawful political activity, shaping decades of First Amendment jurisprudence.

Why this matters now

The Common Cause suit makes a similar argument: that the federal government has labeled lawful observers as 'domestic terrorists' and used surveillance tools to punish them for exercising protected speech.

August 2011

Glik v. Cunniffe (2011)

The First Circuit Court of Appeals held that a citizen has a First Amendment right to record police officers performing their duties in public. Simon Glik was arrested for filming an arrest on Boston Common; the court ruled the arrest was unconstitutional.

Then

Glik's charges were dropped and the city settled. The ruling became a widely cited precedent for recording police activity.

Now

The decision cemented the right to record public officials, framing it as a core First Amendment activity.

Why this matters now

The observers in the current lawsuits are exercising the exact right Glik established. The federal arguments that their recording constitutes obstruction or terrorism directly challenge that precedent.

January–April 1975

Church Committee (1975)

The Senate Select Committee to Study Governmental Operations, chaired by Senator Frank Church, investigated abuses by the FBI, CIA, and other intelligence agencies. It documented warrantless surveillance of American citizens, including civil rights leaders and journalists.

Then

The committee's findings led to the Foreign Intelligence Surveillance Act of 1978 and lasting restrictions on domestic intelligence gathering.

Now

It established the principle that presidential directives cannot authorize surveillance of American citizens without statutory and judicial oversight.

Why this matters now

The plaintiffs argue that NSPM-7 and the DOJ memo are being used to authorize exactly the kind of domestic surveillance the Church Committee found unconstitutional — and that the repeal of guardrails on facial recognition and plate readers made it easier.

Sources

(13)
+7
NPR GPB News LAist Central Florida Public Media News From The States Campaign Legal Center Newz Portland Press Herald Gizmodo Dayton Daily News WIRED USA Today Los Angeles Times