Techdirt -- DHS Tells Reporter That Filming ICE Officers 'Sounds Like Obstruction Of Justice'

[ancianita]

ICE activity has increased exponentially since Trump’s return to office, bringing with it an exponential increase in rights violations committed by federal officers. Multiple lawsuits have been filed and, without exception, courts have safeguarded the rights of people to peacefully protest and document federal officers as they perform their duties.

Meanwhile, the people running DHS and its components continue to claim that merely recording officers is a criminal act. But it’s not. It’s protected by the Constitution whether ICE likes it or not. Under Trump, ICE and DHS are taking a bold new stance against recording officers, telling those with boots on the ground deliberately false things, like this:

[T]he guidance urges officers to consider a range of nonviolent behavior and common protest gear—like masks, flashlights, and cameras—as potential precursors to violence, telling officers to prepare “from the point of view of an adversary.”
Protesters on bicycles, skateboards, or even “on foot” are framed as potential “scouts” conducting reconnaissance or searching for “items to be used as weapons.” Livestreaming is listed alongside “doxxing” as a “tactic” for “threatening” police. Online posters are cast as ideological recruiters—or as participants in “surveillance sharing.”

That guidance was released to federal officers back in July. The rhetoric has only ramped up since then, with DHS officials publicly stating that they’re going to treat protected First Amendment activity as a crime. The responses delivered by these officials following this July reporting was indicative of their mindset:

DHS Secretary Kristi Noem told reporters in July that it was “violence” to be “doxing” and “videotaping them where they’re at when they’re out on operations.” DHS Assistant Secretary Tricia McLaughlin reiterated the point in August that “videotaping ICE law enforcement and posting photos and videos of them online is doxing our agents.… And we will prosecute those who illegally harass ICE agents.”

A memorandum issued at the beginning of December provided guidance for DOJ prosecutors seeking to punish people for utilizing their constitutional rights. According to the memo, people who follow officers to observe, record, or protest their actions are to be treated as criminal obstructionists, if not as actual domestic terrorists...

Even if it were true that it’s exceptionally dangerous to be an ICE officer at this point in time, that doesn’t justify pretending the First Amendment simply doesn’t exist. Actual assaults are criminal acts. Filming federal officers who don’t want to be filmed definitely isn’t."

https://www.techdirt.com/2026/01/13/dhs-tells-reporter-that-filming-ice-officers-sounds-like-obstruction-of-justice/

What started as 'mass deportation' has turned into DHS v. Americans. If they feel besieged, that's a good thing, because they're losing in the courts.

[Kid Berwyn]

1. If anybody knows anything about Obstruction of Justice...

Perhaps he dreams about turning MAGA flag poles into police-piercing pikes.

[ancianita]

2. Seriously. That said, 1A recordings of events is never obstruction. The Supreme Court has spoken.

[Blue Owl]

3. If they're "helping keep our cities safe" then what's the need for secrecy?

[ancianita]

4. THEY say secrecy is needed for fear of the public doxxing them, but they lie. And the cities know it because the cities

themselves see what they do, not what they say. Only doctored propaganda works with the base. Where ICE actually is, the truth of their secrecy and lawlessness is known and recorded. Which is why the latest hack of DHS happened.