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Lawsuits challenge federal surveillance and intimidation of ICE observers

Lawsuits challenge federal surveillance and intimidation of ICE observers

Rule Changes

Common Cause joins ACLU and Protect Democracy in accusing DHS, DOJ, and FBI of punishing people who record immigration enforcement

2 days ago: Common Cause files sweeping observer intimidation lawsuit

Overview

Updated 2 days ago

Seven Common Cause members say federal officers photographed them, followed them, pepper-sprayed them, or showed up at their homes because they watched immigration enforcement operations. The watchdog nonprofit filed a 94-page complaint Thursday in Washington, D.C., against the Department of Homeland Security, the Department of Justice, the FBI, and related agencies, arguing those encounters violated First Amendment and privacy rights.

The suit is the broadest of several pending challenges. It asks a federal judge to bar the agencies nationwide from intimidating or retaliating against observers, and to expunge records already collected on them. It is the first to consolidate incidents across multiple states and to seek national relief.

Why it matters

A ruling for the plaintiffs could bar federal agencies nationwide from surveilling or retaliating against anyone who films immigration enforcement.

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Key Indicators

94
Pages in the Common Cause complaint
The lawsuit consolidates incidents from observers in at least six states.
7
Common Cause members who described encounters with federal officers
Incidents in Maryland, Minnesota, and New Jersey include being photographed, followed, and pepper-sprayed.
15
Activists charged in Minnesota for conspiracy to impede ICE
The charges stem from an investigation the suit says was authorized by NSPM-7.
2026-09-23
Hearing on Memphis observer's preliminary injunction request
A separate ACLU case asks the court to block the Memphis Safe Task Force from retaliating against observers.

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People Involved

KD
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
Awaiting September 23 hearing on preliminary injunction request

Organizations Involved

Common Cause
Common Cause
Nonprofit government watchdog
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 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 agency
Defendant

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

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

Timeline

January 2025 September 2026

11 events Latest: 2 days ago Showing 8 of 11
Tap a bar to jump to that date

  1. Hearing scheduled on Memphis observer preliminary injunction

    Upcoming Legal

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

  2. Common Cause files sweeping observer intimidation lawsuit

    Latest Legal

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

  3. Agents make second visit to Demster's home

    Surveillance

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

  4. Task force agents visit Demster's home

    Surveillance

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

  5. 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.

  6. 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.

  7. Protect Democracy files observer intimidation lawsuit

    Legal

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

  8. Minnesota investigation leads to charges against 15 activists

    Legal

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

  9. DOJ issues memo operationalizing NSPM-7

    Policy

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

  10. 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.

  11. 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.

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.

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.

Sources

(7)
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NPR GPB News LAist Central Florida Public Media News From The States Campaign Legal Center Newz