VICTORY: Federal officials agree to end censorship of Facebook group and app reporting ICE activity

CHICAGO, Nov. 13, 2026 — The U.S. government agreed Thursday to permanently end its censorship of platforms created by two Midwesterners reporting on public Immigration and Customs Enforcement activity.

“I’m glad the government agreed to stop targeting my speech, but it shouldn’t take a lawsuit to get the government to respect our constitutional rights,” said Mark Hodges, creator of Eyes Up, an app for sharing videos of ICE operations that was targeted by government censorship. “People have a right to know what their government is doing. I hope that thanks to this lawsuit, others can share what they see and hear without facing this kind of censorship."

The court order that will prevent officials from further censoring Mark — and Kae Rosado, creator of the “ICE Sightings – Chicagoland” Facebook group — is the result of a February lawsuit by the Foundation for Individual Rights and Expression. FIRE sued then-Attorney General Pam Bondi and then-Secretary of Homeland Security Kristi Noem on behalf of Kae and Mark, who created their online platforms to inform the public and hold government officials accountable. 

 “I created this group to inform and protect my community, not knowing that doing so would lead government officials to try to silence me,” said Rosado. “But the Constitution protects more than just the voices in power. This fight was about everyone’s right to speak freely without fear of government retaliation. I refused to remain silent about the harm facing my community, and I hope this victory reminds others that their voices matter and no government official stands above the Constitution.”

As part of an agreement with FIRE to resolve the case, the government agreed to make permanent the preliminary injunction the court previously entered in Mark and Kae’s favor. In two prior court opinions, the U.S. District Court for the Northern District of Illinois held there was “no dispute that Plaintiffs allege a First Amendment violation” and that evidence showed “Plaintiffs are likely to succeed on the merits of their claim that Defendants violated their First Amendment rights through coercion of Facebook and Apple.”

Mark runs Kreisau Group, which aims to preserve evidence of governmental abuses of power. On his Eyes Up app, users can upload videos, record new videos, or access uploaded videos, which Eyes Up arranges on a map of the United States after Mark and his moderators review and approve each video. 

Kae, who has her own jewelry business, started a Facebook group in January 2025 after seeing fear in her community about the impact of ICE raids on daily life in Chicago. She and other small business owners noticed attendance dropping at community events where they’d set up shop. The aim of ICE Sightings – Chicagoland was for fellow small business owners, friends, and family to share information about ICE operations in Chicago. The group remained small until Sept. 2025, when ICE commenced and publicly touted an enforcement surge in Chicago dubbed “Operation Midway Blitz.” Chicagoans increasingly feared being injured or arrested, and Kae’s group grew to include nearly 100,000 members. 

COURTESY PHOTOS OF MARK AND KAE

The First Amendment protects documenting and criticizing law enforcement, and it is unconstitutional for public officials to coerce private companies like Apple and Facebook into censoring content on the government’s behalf. But that did not stop Bondi and Noem from pressuring Facebook to take down Kae’s group and Apple to remove Mark’s Eyes Up from its app store.

Those actions were blatantly unconstitutional. The First Amendment protects the right to discuss, record, and criticize what law enforcement does in public. According to the Supreme Court in Houston v. Hill, “to oppose or challenge police action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state.” 

The federal government has alleged efforts to track ICE agents puts law enforcement officers at risk. But courts have consistently held that the First Amendment protects speech concerning the public activities of law enforcement officers and other government employees — whether it’s warning fellow citizens of speed traps, publishing videos of law enforcement officers engaged in their duties, or similar efforts. 

“The First Amendment protects our right to share truthful information about our government and its activities,” said FIRE Senior Attorney Colin McDonell. “This is not a partisan issue, and FIRE is here to challenge any government actors who would seek to stifle our freedom of speech.”

_____________________________________________________________________

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:

Katie Stalcup, Communications Campaign Manager, FIRE: 215-717-3473; media@thefire.org