ICE ignored our FOIA request, so we’re headed to court
ICE ignored our FOIA request, so we’re headed to court

Mark–
Huge update: The Intercept has filed suit against ICE, CBP, and the Department of Homeland Security to force them to release any documents related to a secretive database of activists.
News reports and social media posts suggest that ICE and CBP agents have been building a database of lawful protesters — using photos, video, license plates, and even hotel check-in information. One masked agent told a protester he was recording her “because we have a nice little database, and now you’re considered a domestic terrorist.”
We’ve been requesting agency records for months — and under the Freedom of Information Act, these agencies are supposed to respond within 20 business days.
But Donald Trump’s DHS is flouting FOIA and hasn’t produced anything. So we’re taking them to court.
Our lawsuit, filed with the support of Democracy Forward, could not be more urgent: Last week, a federal court in Texas sentenced eight alleged antifa activists to a combined 450 years in prison in a case involving a protest outside the Prairieland ICE detention center. Five defendants received prison terms of 50 years. One wasn’t even present at the protest and received a 30-year sentence for moving a box of antifascist zines.
Our counsel from Democracy Forward filed suit in the Southern District of New York on Wednesday to force the government to release records regarding its:
- protester databases, surveillance policies, and internal communications;
- Mobile Fortify facial recognition app’s policies and records;
- and travel limitations for protesters, including TSA PreCheck, Global Entry, and passport restrictions.
Government surveillance and retaliation are egregious violations of our Constitution, and The Intercept will keep fighting for as long as it takes to expose and hold government agencies, officials, and agents accountable.
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