FIRE sues DHS for information about alleged database of ICE protesters

WASHINGTON, May 19, 2026 — Americans deserve to know whether their government is maintaining a secret database of people who have criticized the Trump administration’s immigration policies.

Such a database would sweep in people simply exercising their First Amendment rights by peacefully protesting, speaking out online, or lawfully filming law enforcement. And just the possibility of winding up on a secret federal watchlist will undoubtedly cause would-be critics to think twice before opening their mouths.

It’s unclear if such a database exists. But several ominous comments by federal law enforcement officials in recent months suggest it does.

• In January 2026, “border czar” Tom Homan, discussing people who have allegedly interfered in ICE operations, told Fox News’ Laura Ingraham: “One thing I'm pushing for right now, Laura, we’re going to create a database . . . we’re going to make them famous.” 
• Around the same time, an Immigration and Customs Enforcement (ICE) officer in Maine referred to a “nice little database” after a woman monitored his movements on her cell phone. 
• Meanwhile, CNN reported on a memo sent to agents in Minneapolis asking them to “capture all images, license plates, identifications, and general information on hotels, agitators, protestors, etc., so we can capture it all in one consolidated form.”

To find out more, the Foundation for Individual Rights and Expression filed Freedom of Information Act (FOIA) requests with ICE and the Department of Homeland Security. The agencies have failed to respond. So today, FIRE is asking the court to enforce the law by requiring disclosure of all documents responsive to our request.

“Americans deserve to know more about this database, starting with whether it exists,” said FIRE attorney Jacob Gaba. “The First Amendment prohibits the government from retaliating against peaceful protesters, including by putting their names and faces in a shadowy database.”

Attorney Jeffrey Gutman, who represents FIRE, filed the lawsuit in the U.S. District Court for D.C., seeking the release of documents responsive to our public records requests.

Even if the database doesn’t exist, officials’ saber-rattling poses a serious free speech issue. The government can’t use threats and scare tactics to dissuade Americans from exercising their constitutional rights.

“Both scenarios present a serious threat to Americans’ First Amendment rights,” explained Gaba. “Either there is, in fact, a database of people exercising their right to criticize the government — which would be a frightening and unconstitutional abuse of power — or officials are just engaging in loose talk that intimidates people into silence. Both outcomes are unacceptable in a free society.”

The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.

CONTACT:
Jack Whitten, Communications Campaign Specialist, FIRE: 215-717-3473; media@fire.org