Common Cause and Campaign Legal Center Sue Federal Agencies to Stop Illegally Intimidating Americans Who Observe or Record Immigration Enforcement
WASHINGTON — Common Cause and Michael Khalili, represented by Campaign Legal Center, are suing to end several federal agencies’ illegal policy and practice of intimidating and retaliating against Americans who lawfully observe and record federal immigration officers performing their official duties in public.
Currently, several federal agencies and their leaders including the U.S. Department of Homeland Security (DHS), Federal Bureau of Investigation (FBI), Department of Justice (DOJ), U.S. Customs and Border Control (CBP), Homeland Security Investigations (HSI), and Immigration and Customs Enforcement (ICE) are engaging in a policy of intimidating and retaliatory conduct. This includes photographing or recording constitutional observers’ faces and license plates for observing their actions; adding their personal data to government databases, including domestic terrorist watchlists; and using that information to follow, threaten, and subject them to arrests, investigations, and civil and criminal penalties. Our lawsuit argues that this policy violates Americans’ First Amendment and Privacy Act rights. If left unchecked, DHS's and DOJ’s actions will create a chilling effect that discourages people from exercising their constitutional rights.
The lawsuit details how Michael Khalili observed and documented the actions of federal immigration officers, who photographed his face and license plate. Mr. Khalili then had his Global Entry status revoked and was threatened with arrest by state law enforcement. DHS only reinstated his Global Entry status after reporters who spoke with him asked DHS about his situation.
“The truth about the federal government’s actions in Minnesota only came to public attention because of the efforts of countless regular citizens who acted as constitutional observers in my community. While I consider my personal contribution to have been small, I was photographed more times than I can count and have been the subject of government retaliation and threats simply for exercising my constitutional rights. No community should go through what ours has, and no person should be targeted for simply using a whistle, a phone, and a car to observe the armed masked men who have come to their home,” said Michael Khalili.
“As a long-time organizer, I know firsthand the courage it takes to stand up to government power and the real, physical danger and consequences that come with being placed on a watchlist,” said Virginia Kase Solomón, president and CEO of Common Cause. “I have faced threats and safety risks simply for standing up and protecting my community, but this kind of retaliation isn't just an attack on one person — it endangers all of us. No matter what cause you care about, weaponized surveillance threatens everyone's constitutional freedoms, and no American should face government harassment for holding officials accountable.”
“The government has no right to punish ordinary Americans who use their power to bring violent ICE raids to light,” said Maryam Jazini Dorcheh, Common Cause vice president of litigation. “Retaliating against those who speak out sets a dangerous precedent that chills people’s First Amendment right to observe their government in their communities, where accountability is most needed. Common Cause won’t stand by while the government tries to threaten Americans into silence.”
“The First Amendment protects the right of Americans to observe and document law enforcement officers carrying out their duties in public,” said Danielle Lang, vice president of voting rights and the rule of law at Campaign Legal Center. “When federal agencies intimidate and retaliate against people for exercising that right, they are not only violating the Constitution, they are undermining public accountability and transparency. No law enforcement agency — including those involved in immigration enforcement — is above the Constitution. Our lawsuit seeks to ensure that Americans can continue exercising their constitutional rights without fear of intimidation or retaliation from the federal government.”
View the lawsuit here. Learn more about this case here
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