FIRE v. Department of Homeland Security: ICE Database FOIA Litigation

FIRE is suing the Department of Homeland Security and Immigration and Customs Enforcement over Freedom of Information Act requests about an ICE database of protesters DHS failed to respond to. 

In early 2026, DHS deployed thousands of ICE agents to carry out large-scale immigration enforcement operations. In response, people across the country organized protests and monitoring of immigration enforcement. 

As protests intensified, Trump administration “Border Czar” Tom Homan publicly claimed DHS would “create a database” of ICE protesters, “make them famous,” and inform their employers. At the same time, an ICE agent in Maine told an “ICE watcher” — a woman lawfully recording law enforcement activity — that he would “put her face” in such a database.

Because the potential existence of this system would be deeply at odds with the free speech principles FIRE advocates for, FIRE filed three FOIA requests asking about the alleged database. However, DHS failed to respond during the FOIA’s required 20-day window. FIRE now challenges the agency’s failure to respond with the aim of compelling disclosure of responsive documents about the database. 

Whether this database exists is of great consequences because its existence would raise serious First Amendment concerns about chilling effects and retaliation for protected speech. If people believe they may be tracked for protesting ICE or lawfully filming agents, they may not choose to engage in those protected activities at all.