An online news organization sued the Trump administration June 24 to win the release of documents related to a federal database established to retaliate against protesters and others exercising constitutional rights.
The Intercept is asking the U.S. District Court for the Southern District of New York to compel the Department of Homeland Security to release records it previously requested through the Freedom of Information Act in February.
The action includes accounts of Immigration and Customs and Enforcement and Customs and Border Protection agents collecting information about demonstrators for retaliatory purposes.
Ben Muessig.
“It’s not illegal to monitor the activity of immigration agents inside your community,” said Ben Muessig, editor-in-chief of the nonprofit news organization. “What is illegal is the U.S. government’s secret list of activists — and its refusal to turn over information about that database to the American public.”
The publication is represented in the case by Democracy Forward, which described the anti-protester database as a reaction to mass demonstrations against President Donald Trump’s immigration policies.
“In response to the swell of public support for democracy, news reports and social media posts about encounters with ICE and CBP agents have suggested that, by using photos, video, license plates, hotel check-in information and more to create a database of lawful protesters, the government may be taking concerning action affecting the rights of those exercising their First Amendment rights,” the complaint states.
Information already has surfaced indicating DHS has used government traveler programs to retaliate against protesters. The lawsuit describes an encounter between an immigration agent and an ICE observer shooting video. The agent said, “We have a nice little database, and now you’re considered a domestic terrorist.”
During a court hearing, a federal agent who photographed an ICE observer’s license plate reportedly said, “Well, this person is gonna have a hard time traveling from now on.”
“In a separate court case, a civilian observing ICE submitted a declaration stating that her TSA PreCheck and Global Entry were revoked three days after an encounter with immigration enforcement officials,” the complaint states. “Additionally, at least one prominent supporter of transgender rights has reportedly had her Global Entry and U.S. passport canceled in the past few months.”
The Intercept filed its FOIA request to report on these and similar incidents. DHS acknowledged receipt of the request but has shared no records in defiance of federal law.
“The government is not allowed to selectively hide information about its actions that impact protected First Amendment activity,” Democracy Forward President Skye Perryman said.
“The surveillance and retaliation being reported would be egregious violations of core constitutional principles, and we are honored to represent a storied news organization as it fights to demand the public have access to the information we need to protect our democracy.”