The Guardline
The Intercept is challenging the U.S. Department of Homeland Security’s refusal to release public documents relating to an unlawful database intended to stifle protest and punish people who exercise their First Amendment rights. In a complaint filed in U.S. District Court for the Southern District of New York today, The Intercept is asking the court to compel the government to release documents requested through the Freedom of Information Act regarding increased surveillance and travel restrictions for protesters. The Intercept is represented by Democracy Forward in the case.
“It’s not illegal to monitor the activity of immigration agents inside your community,” said Ben Muessig, editor-in-chief of The Intercept. “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.”
Sweeping immigration enforcement actions performed by DHS and its component agencies — including Immigration and Customs Enforcement and Customs and Border Protection — in recent months have led to a countermovement of civilians protesting and recording immigration enforcement actions in cities and towns across the United States. 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. There are other indications that DHS may have used its authority over traveler programs to retaliate against protesters.
In one example, a video posted to social media on January 23, 2026, depicts federal agents recording a protester, saying that they were recording her “because we have a nice little database, and now you’re considered a domestic terrorist.” In another example, a court hearing regarding immigration enforcement actions in Minnesota reportedly included an exhibit of a recording of a federal agent saying, “Well, this person is gonna have a hard time traveling from now on” after taking a photo of an ICE observer’s license plate. In a separate court case, a civilian observing ICE submitted a declaration stating that her TSA PreCheck and Global Entry statuses were revoked three days after an encounter with immigration enforcement officials. Additionally, at least one prominent supporter of transgender rights has reportedly had her Global Entry access and U.S. passport canceled in the past few months.
In order to shed light on these reported abuses of power, earlier this year, The Intercept filed FOIA requests to help uncover important information about DHS’s efforts to increase surveillance of protesters and unlawful retaliation against people exercising their rights. Despite acknowledging the receipt of the requests, DHS has not produced the requested public documents, as required by law.
“The government is not allowed to selectively hide information about its actions that impact protected First Amendment activity,” said Skye Perryman, president and CEO of Democracy Forward. “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.”
The case is The Intercept v. DHS et al., and the legal team at Democracy Forward working on the case includes Amy Vickery, Daniel McGrath, Ron Fein, and Robin Thurston.
