Trump's Trials - Lawsuit alleges DHS intimidates observers
Episode Date: February 24, 2026People who film immigration operations in their cities say federal agents are surveilling and intimidating them. In some cases, they say agents have threatened to add them to a list of domestic terror...ists. A new lawsuit filed in Maine against the Department of Homeland Security argues this pattern violates the First Amendment. NPR’s Jude Joffe-Block reports. Support NPR and hear every episode of Trump's Terms sponsor-free with NPR+. Sign up at plus.npr.org.Learn more about sponsor message choices: podcastchoices.com/adchoicesNPR Privacy Policy
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I'm Juana Summers. People who film immigration operations in their cities say federal
agents are surveilling and intimidating them. In some cases, they say agents have threatened
to add them to a list of domestic terrorists. A new lawsuit filed in Maine against the
Department of Homeland Security argues this pattern violates the First Amendment.
NPR's Jude Jofi Block has been following the case and joins us now. Hi. Hi. So Jude, these people who are observing and recording federal agents, what do they say is happening to them? Well, one of the plaintiffs in this case is Colleen Fagan. She's a social worker in Portland, Maine. And last month, she noticed federal immigration agents in an apartment complex parking lot. She had her phone out recording them when she noticed the agents were seemingly recording her. One held up his phone to her face, as
second one seemed to be recording her car's license plate. That's according to her account and video she
took. Here's an exchange she had with that agent that she recorded. It's not illegal to record.
Yeah. That's what we're doing. Yeah. Why are you taking my information down?
Because we have a nice little database. Oh, good. And now you're considered domestic terrorist.
It's hard to hear, but the agent says, we have a nice little database, and now you're considered a domestic
terrorist. And this video was really shared widely because this comment,
was so stunning. Yeah, I remember coming across it myself, but I want to ask, is the federal government really putting observers like Colleen Fagan into a database of domestic terrorists?
Well, the Department of Homeland Security told us there is no database of domestic terrorists run by DHS.
The statement goes on to say that the agency does, quote, monitor and investigate and refer all threats,
assaults and obstruction of our officers to the appropriate law enforcement, and they say their methods follow the Constitution.
This video that Colleen Fagan recorded actually came up in a congressional hearing earlier this month.
ICE acting director Todd Lyons was asked about it.
He said he couldn't speak to what the agent says in the video, but he said,
He said, quote, I can assure you there is no database that's tracking U.S. citizens.
But other outlets have reported on what appear to be efforts by DHS to collect information on protesters.
CNN reported last month on a memo to that effect.
And one thing this lawsuit seeks to do is understand what exactly is happening with the images and
information that federal agents appear to be collecting on observers and protesters.
What are the specific legal concerns here?
Well, this is about free speech.
and this lawsuit alleges that DHS is violating the First Amendment.
I spoke with one of the attorneys on the case, Joanna Soriani, with Protect Democracy.
It's a nonprofit, legal, and advocacy organization.
Having your data collected and maintained by the federal government, when all you were doing was expressing a view and observing law enforcement behavior in your community, it chills your right to speak out in the future in a few ways.
She says observers may not feel comfortable continuing to exercise their right to.
observe. And according to the lawsuit, Colleen Fagan, for example, has wondered after that exchange where she was told she was considered a domestic terrorist if she was going to have trouble flying or if her employment could be affected.
Right. So what about other places? Are we seeing this occurring outside of Maine? Well, yeah, the American Civil Liberties Union has brought a lawsuit in Minnesota against DHS that has some overlap. There are several observers there who've described following federal agents in their cars to observe them only to have the federal agents lead them to.
their own homes. Basically, the federal agents are showing they know who the observers are and they
know where they live. And we know these federal agents have a lot of tools, including surveillance
technology at their fingertips to identify people. NPR's Jude Jaffe Block. Thank you. Thanks,
Juana. And before we wrap up, a thank you to our NPR Plus supporters who hear each show
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