A leaked memo equating the filming of immigration raids with domestic terrorism raises serious First Amendment concerns.
Story Highlights
- The Justice Department’s memo categorizes filming immigration raids as “domestic terrorism.”
- Critics argue this policy threatens First Amendment rights and targets non-interfering observers.
- The policy aligns with Trump’s administration efforts to bolster deportations and control narratives.
- Local officials in Chicago criticize the raids as “political theater” traumatizing communities.
Justice Department’s Controversial Memo
The Justice Department’s memo, leaked on December 4, 2025, advises federal prosecutors to charge individuals filming immigration raids with “domestic terrorism.” This move is part of a broader effort to protect law enforcement’s anonymity during operations, labeling the act of filming as “doxing.” While the document aims to safeguard agents, critics argue it overreaches by infringing on First Amendment rights to record public officials.
Implications for First Amendment Rights
Critics, including legal analysts and civil rights advocates, warn that the memo’s broad definition of “doxing” could suppress free speech. They argue that non-interfering recording of public activities is a protected right, highlighting the hypocrisy in allowing Department of Homeland Security (DHS) to film similar operations for propaganda purposes. This selective enforcement risks targeting dissenting voices while sparing pro-administration media.
Local officials in Chicago, where recent raids were heavily filmed by federal crews, have condemned the actions as “political theater.” They argue that these operations, led by U.S. Border Patrol Commander Gregory Bovino, often lack warrants and traumatize local communities. The December 16, 2025 raids intensified these criticisms, with significant pushback from Chicago’s Mayor Brandon Johnson.
Historical and Current Context
The memo emerges amid Trump’s administration’s aggressive deportation policies, resulting in over 2.5 million removals in 2025 alone. These efforts, backed by a September 2025 executive action, direct the National Joint Terrorism Task Force to investigate domestic threats, including those opposing immigration policies. The administration’s use of social media to promote enforcement actions contrasts sharply with its crackdown on citizen journalism and dissent.
The broader implications of this policy extend beyond immediate legal challenges. By potentially criminalizing routine public filming, it risks chilling effects on press freedom and accountability, critical components of a functioning democracy. Observers now face the possibility of terrorism charges, a significant escalation in enforcement tactics that prioritizes narrative control over constitutional rights.
Sources:
Justice Department Says Filming Immigration Raids Is ‘Domestic Terrorism’
Justice Department says filming immigration raids is domestic terrorism
Countering Domestic Terrorism and Organized Political Violence
