CHICAGO – In a story published today by the Center for Media and Democracy, Department of Homeland Security (DHS) Assistant Secretary for Public Affairs Tricia McLaughlin is quoted as saying that “videotaping ICE law enforcement and posting photos and videos of them online is doxing our agents,” adding that “(w)e will prosecute those who illegally harass ICE agents to the fullest extent of the law.” The statement follows a similar sentiment expressed by Department of Homeland Security Secretary Kristi Noem earlier this summer, a statement in which she described recording video of ICE officers as “violence.”
The statements by DHS’ officials run directly contrary to court rulings, including ACLU v. Alvarez, a case defending the ability of an individual to record a public official doing their public duty in a public space. In January 2012, a federal appeals court in Chicago made clear that the public has a First Amendment right to gather information about the behavior of public officials, disseminate this information to the public, and present it to courts and government agencies to hold government accountable for their actions.
No statements from DHS can reverse this court decision or cancel First Amendment rights.
In light of the report and stepped-up immigration enforcement actions in the Chicago area, the ACLU of Illinois issued a statement making clear what the law is when it comes to recording public officials – including ICE agents – operating in a public space. The following can be attributed to Edwin C. Yohnka, director of communications and public policy, at the
American Civil Liberties Union of Illinois:
More than a decade ago, we fought to ensure that the public could safely record law enforcement engaged in their public duties in a public space without fear of prosecution. That right – protected by the First Amendment – is settled law. And it allows community members to record Donald Trump and Kristi Noem’s reckless and cruel immigration enforcement policies – marked by masked, heavily-armed agents careening through our streets without any identification. Government spokespeople cannot diminish that right by mischaracterizing recording as “violence” or “doxxing.” This is the public holding the Administration accountable – something this Administration dislikes.
To be clear, if you witness ICE activity in our community, you have the right to record a federal officer in public – including those engaged in immigration enforcement. The ACLU of Illinois encourages people recording those interactions to do so from a safe distance that does not obstruct the activity. Administration officials have no right to threaten people with legal action just for recording ICE officers in Chicago. It is just one more attempt to coerce and intimidate our community.
If you have suffered retaliation for exercising your First Amendment rights, including for making a video recording of ICE agents or other federal officials, please contact the ACLU of Illinois.