ACLU Sues ICE for Failing to Turn Over Records on Threats to Photographers Who Film Federal Agents

Photographs are seen covering the protests with federal ICE agents outside the Delaney Hall immigration detention center on May 26, 2026.

The American Civil Liberties Union (ACLU) has filed a lawsuit against the U.S. Immigration and Customs Enforcement (ICE), accusing it of failing to turn over records of its practice of threatening and surveilling photographers who film federal agents.

In a lawsuit, filed on Wednesday under the Freedom of Information Act (FOIA), the ACLU, the ACLU of Northern California, and the MacArthur Justice Center are demanding that the U.S. Department of Homeland Security (DHS), including ICE and the U.S. Customs and Border Protection, disclose policies and documents related to their practice of targeting, threatening, physically harming, surveilling, and arresting photographers who film federal agents during immigration enforcement.

The complaint, filed in the US District Court for the Northern District of California, says that the ACLU submitted a Freedom of Information Act (FOIA) request to several federal immigration agencies in November 2025. In this request, the ACLU sought information about internal policies, guidelines, and communications about photographers and individuals arrested or surveilled for publishing pictures and videos of federal agents. Over six months later, the government has reportedly not released a single document in response or explained why any of the materials are properly kept secret. The lawsuit says that failing to comply with a FOIA request is illegal.

‘Filming Federal Agents is a Basic Freedom’

According to a news release from the MacArthur Justice Center, as immigration raids have increased across the U.S., federal agents have allegedly engaged in a troubling pattern of targeting people who photograph, film, or share videos of immigration enforcement activity online — despite the fact that recording agents is legal. The release says individuals have reportedly been surveilled, threatened, assaulted, and subjected to retaliation. The lawsuit further claims the public has limited information about the Department of Homeland Security’s policies, directives, and legal interpretations that may have allowed these practices to become widespread. It also alleges that little is known about how often DHS has used arrests or subpoenas against people who record immigration agents.

“Filming federal agents is a basic freedom — and when the government actively impedes that basic freedom, the public has a right to know,” MacArthur Justice Center writes in the news release. “This lawsuit is an important step in demanding transparency and protecting these basic rights.”

The lawsuit comes after several photojournalists covering protests outside Delaney Hall immigration detention center in New Jersey say they have been targeted and attacked by ICE agents, with some reporting damaged camera equipment and physical injuries, including broken fingers. In another incident, a New Jersey police sergeant was charged with allegedly stealing a photographer’s bag after she was struck by a 2×4 and sought medical attention while covering unrest outside Delaney Hall.

Image credits: Header photo licensed via Depositphotos.

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