Iran’s internet has been intermittently disrupted for months. After years of bombardment, Gaza’s telecommunications infrastructure remains fragile. In India, recurring shutdowns and throttling have become a routine response to protests and unrest, cutting millions off from news, work, and basic services. Across dozens of other countries, governments increasingly treat connectivity itself as something that can be weaponized—cut, slowed, or selectively restored to shape what people can see, say, and share. In 2024 alone, authorities imposed 304 internet shutdowns across 54 countries—the highest number ever recorded.
In 2011, when protesters in Tunisia, Egypt, and beyond used social media to broadcast their uprisings to the world, many observers heralded a new era of networked freedom. Governments, however, responded quickly by developing and refining systems of control that have only grown more sophisticated over time. Today’s landscape of regulation, blackouts, and degraded networks reflects that trajectory, as early experiments in censorship and disruption have hardened into a durable system of control—what began as an emergency measure has become a normalized infrastructure of control.
A Brief History of Internet Shutdowns
Egypt’s 2011 internet shutdown wasn’t the first. Although the government’s heavy-handed response after just two days of protests caught the world’s attention, Guinea, Nepal, Myanmar, and a handful of other countries had previously enacted shutdowns. But Egypt marked a turning point. In the years that followed, shutdowns increased sharply worldwide, suggesting that governments had taken note—adopting network disruptions as a tactic for suppressing dissent and limiting the flow of information within and beyond their borders.
On January 28, 2011, at 12:34 a.m. local time, five of Egypt’s internet service providers (ISPs) shut down their networks. At least one provider—Noor, which also hosted the Egyptian stock exchange—remained online, leaving only about 7% of the country connected.
In the aftermath of President Hosni Mubarak’s resignation, rights groups sought to understand how such a sweeping shutdown had been possible—and how future incidents might be prevented. There was no centralized “kill switch.” Instead, authorities leveraged the country’s highly consolidated telecommunications sector, which all operate by government license. With only a handful of ISPs, a small number of directives was enough to bring most of the network offline.
In the years following Egypt’s 2011 shutdown, telecommunications companies—many of which had been directly implicated in enabling state-ordered disruptions—began to organize around a shared set of human rights challenges. Beginning that same year, a group of operators and vendors quietly convened to examine how the UN Guiding Principles on Business and Human Rights applied to their sector, particularly in contexts where government demands could translate into sweeping restrictions on access. By 2013, this effort had formalized into the Telecommunications Industry Dialogue, bringing together major global firms to develop common principles on freedom of expression and privacy and, through a partnership with the Global Network Initiative, engage more directly with civil society. The initiative reflected a growing recognition that telecom companies—unlike platforms—operate at a critical chokepoint in the network. But it also underscored the limits of voluntary approaches: while the Dialogue helped establish shared norms, it did little to constrain the legal and political pressures that continue to drive shutdowns—or to prevent companies from complying with them.
From Emergency Measure to Legal Authority
If the early aughts were defined by improvised shutdowns, the years since have seen governments formalize their power to control networks. What was once exceptional is now often embedded in law.
In India, the 2017 Temporary Suspension of Telecom Services Rules—issued under the Telegraph Act—provided a clear legal pathway for cutting connectivity. The Telecommunications Act, 2023, further entrenched the government’s ability to enact shutdowns, granting the central and state governments, or “authorised officers” the power to suspend telecommunications services in the interest of public safety or sovereignty, or during emergencies. The government has used these measures repeatedly, particularly in Jammu and Kashmir. India’s Software Freedom Law Centre’s Shutdown Tracker shows India as instigating more than 900 shutdowns, 447 of which were in Jammu and Kashmir.
In Kazakhstan, shutdowns have also become common. Over the years, the government has passed legislation that allows state agencies to shut down the internet. The 2012 law on national security enabled the government to disrupt communications channels during anti-terrorist operations and to contain riots. In 2014 and 2016, laws were further amended to expand the number of actors able to shut down the internet without a court decision, and a government decree in 2018 enabled shutdowns in the event of a “social emergency.”
Elsewhere, governments have built or expanded legal and technical frameworks that enable similar control over information flows. Ethiopia’s state-dominated telecom sector has facilitated sweeping shutdowns during periods of conflict, including the war in Tigray, where the internet was disconnected for more than two years. In Iran, authorities have developed regulatory and infrastructural capacity to isolate domestic networks from the global internet, allowing them to restrict external visibility while maintaining limited internal connectivity. This year alone, Iranians have spent one third of the year offline. And amidst the ongoing war, Iranian officials have made it clear that the internet is a privilege for those who toe the government’s official line.
Even where laws do not explicitly authorize shutdowns, broadly worded provisions around national security or public order are routinely used to justify them. The result is a growing legal architecture that treats network disruptions not as extraordinary measures, but as standard tools for managing populations.
When that authority is exercised over a population beyond a state’s own citizens, the consequences can be even more severe. Israel’s Ministry of Communications controls the flow of communications in and out of Palestine and has used that power to shut down internet access during periods of conflict. Over the past two and a half years, Gaza has experienced repeated outages, and experts now estimate that roughly 75% of its telecommunications infrastructure has been damaged—leaving essential services severely disrupted.
Elections and the Expansion of Control
Historically, most blackouts have occurred during moments of intense political tension. But authorities are increasingly using them as a tool to preempt dissent.
In 2024, as more than half the world’s population headed to the polls, shutdowns followed. That year alone, authorities imposed 304 internet shutdowns across 54 countries—the highest number ever recorded, surpassing the previous record set just a year earlier. The geographic spread also widened significantly, with shutdowns affecting more countries than ever before. The Comoros imposed a shutdown for the first time, while other countries, such as Mauritius, instituted broad bans on social media platforms during elections.
What stands out is not just the scale, but the normalization. Notably, the number of shutdowns in 2025 broke the record set the year prior. Whereas network disruptions were once a rare occurrence, they are now a routine measure, increasingly treated by authorities as a standard response to periods of heightened political sensitivity.
Civil Society Fights Back
Governments use all sorts of justifications—national security, curbing the spread of disinformation, and even preventingstudents from cheating on exams—for internet shutdowns. But civil society is watching, and documenting, network disruptions and their impact on citizens.
In 2016, as shutdowns became an increasingly common tool of state control, Access Now launched the #KeepItOn campaign to coordinate global advocacy against network disruptions. The campaign includes a coalition composed of 345 advocacy groups (including EFF), research centers, detection networks, and others who work together to report on, and fight back against, internet shutdowns. Anyone can get involved by signing on to campaign action alerts, sharing their story, or reporting a shutdown in their jurisdiction.
Ending this harmful practice remains the goal. In 2016, the UN passed a landmark resolution supporting human rights online and condemning internet shutdowns, and UN agencies have continued to warn against the practice. But the fight to change government practices remains an uphill battle, leading civil society—and even companies—to get creative.
During repeated shutdowns in Gaza, grassroots efforts mobilised to distribute eSIMs so Palestinians could stay connected. In 2024, EFF recognized Connecting Humanity, a Cairo-based non-profit providing eSIM access in Gaza, with its annual award for its vital work. Satellite internet such as Starlink has been supplied to people in Ukraine and Iran, though it, too, is not immune to state control. Alongside these efforts, civil society continues to share practical guidance on circumventing shutdowns and maintaining access to information.
EFF’s mission is to ensure that technology supports freedom, justice, and innovation for all people of the world—and we’ll continue to fight back against internet shutdowns wherever they occur.
Republished from the EFF’s Deeplinks blog. This is the fourth installment of a blog series reflecting on the global digital legacy of the 2011 Arab uprisings. Read the rest of the series here.
The National Guard soldiers in desert camo piled out of unmarked vans in East Los Angeles last June, cordoning off East Sixth Street, a residential street lined with single family houses, and blocking a nearby road leading to an elementary school.
A squad of federal agents moved in flinging flash-bang grenades — explosives designed to disorient — into a small home before storming inside. They’d come for Alejandro Orellana, a Marine Corps veteran and UPS employee accused of being a central figure in a secret confederacy of insurrectionists. A news video had shown the 30-year-old distributing water, food and face shields to people protesting the Trump administration’s immigration roundups in Los Angeles.
Bill Essayli, a former state legislator who leads the federal prosecutor’s office in Los Angeles, joined the raid along with a Fox News crew.
With cameras rolling, Orellana, his parents and brothers were led out in handcuffs as agents searched their home.
On Fox News, Essayli, sporting a blue FBI windbreaker, hyped the arrest of Orellana, a quiet, wiry man with a long mane of coal-black hair. “It appears they’re well-orchestrated and coordinated, and well-funded,” he said. “And today was one of the first arrests — first key arrests — that we did.”
Essayli would charge Orellana with conspiracy — under a federal statute typically used to build cases against drug traffickers and organized crime — and with aiding and abetting civil disorder.
Within weeks, the prosecutor’s marquee case would quietly fall apart. Agents who searched Orellana’s house found little that could be considered incriminating, and prosecutors never charged anyone else as part of the supposed conspiracy. By late July, they moved to have the charges dismissed.
It wouldn’t be the only such case.
Over the past 10 months, President Donald Trump’s administration has made much of its success in sweeping through U.S. cities, capturing unauthorized immigrants and arresting people who publicly oppose the operations, routinely accusing dissenters of being domestic terrorists or extremists. Federal agents have arrested hundreds of U.S. citizens like Orellana — including protesters, activists observing the immigration enforcement operations, bystanders and, in some cases, the family members of people targeted for deportation.
Less clear to the public is what has happened to those charged.
To find out, ProPublica and FRONTLINE combed through social media, court records and news stories. Reporters identified more than 300 protesters and bystanders who were arrested by federal agents during immigration sweeps and were accused of crimes such as assaulting or interfering with law enforcement.
But over and over those accusations fell apart under scrutiny. Our reviews of court files found that statements made by the arresting officers were repeatedly debunked by video footage. In more than a third of the cases, prosecutors quickly dismissed charges that couldn’t be substantiated, refused to file charges at all, or lost at trial. The tally of cases that end this way will likely climb as many of the arrests remain unresolved.
“What’s happening now is not comparable to anything that’s happened in the past,” said
Cuauhtémoc Ortega, the chief federal defender for the Central District of California, who personally represented Orellana and other protesters. “We’ve never had a situation where it seems like you arrest first and then try to justify the reasons for the arrests later.”
The Department of Homeland Security, which includes Border Patrol and Immigration and Customs Enforcement, did not respond to repeated requests for comment on the arrests and declined to answer detailed questions from ProPublica and FRONTLINE.
But in a statement in response to an earlier story, DHS said, “The First Amendment protects speech and peaceful assembly — not rioting. DHS is taking reasonable and constitutional measures to uphold the rule of law and protect our officers.”
Watch FRONTLINE and ProPublica’s Documentary: “Caught in the Crackdown”
Given the unprecedented nature of the urban sweeps, it is difficult to compare the rate of failed cases to another time period or context. But current and former federal prosecutors and other legal experts said having that number of arrests come to nothing is particularly striking in the federal system, where U.S. attorneys usually secure convictions or guilty pleas in more than 90% of the cases they bring; only 8.2% of federal criminal cases were dismissed in 2022, according to data compiled by that court system.
The failures highlight the challenges of sending large numbers of federal agents into major cities to conduct roving immigration sweeps: They aren’t accustomed to dealing with crowds of angry protesters
Border Patrol agents are typically stationed at the border where their day-to-day work entails scooping up people who have crossed illegally. ICE agents, who often work in urban settings, had little prior experience handling hostile crowds. And FBI agents, who have aided in the immigration sweeps, would normally spend months or years painstakingly amassing evidence before making arrests.
That lack of experience in street policing and crowd control, coupled with the Trump administration’s demand for huge numbers of deportations, led agents to make a wave of unjustified arrests, legal experts say.
To be sure, protesters have often engaged in hostile behavior, hurling expletives, getting in agents’ faces and occasionally becoming violent. A woman in Minnesota is accused of biting off part of an agent’s finger during a scuffle after the killing of Alex Pretti in late January; in Los Angeles, an officer outside an immigration detention facility suffered a dislocated finger after a protester allegedly grabbed his bulletproof vest and shook him.
“The agents, they don’t know how to operate in these situations,” said Christy Lopez, a former Justice Department attorney who spent years investigating misconduct by law enforcement. Their behavior, she said, “is on par with the worst protest policing and just law enforcement that I’ve seen from any department, even in their worst days.
In its earlier statement, DHS said that “rioters and terrorists” have repeatedly attacked immigration agents, but ICE and Customs and Border Protection personnel “are trained to use the minimum amount of force necessary to resolve dangerous situations to prioritize the safety of the public and themselves.”
The arrests are not without consequence. Even unsuccessful prosecutions can be costly and emotionally taxing for defendants, said Jared Fishman, a former career prosecutor in the Department of Justice’s Civil Rights Division. The aggressive tactics of the agents and the gleeful social media posts by DHS accusing protesters of serious crimes, Fishman said, affect people’s willingness to publicly challenge the mass deportation policies.
“If the goal of the Trump administration is to keep people out of the streets, then it doesn’t matter if the people are getting convicted,” said Fishman, now the executive director of the Justice Innovation Lab, a nonprofit focused on creating a more equitable and effective justice system. “I’m sure it’s having a chilling effect.”
After reviewing data and some court records for ProPublica and FRONTLINE, Fishman said, “The numbers seem to indicate a pattern and practice of illegal arrests.”
“We Must Identify Him”
The crackdown on protesters began in June of 2025, when the Department of Homeland Security launched its wave of major immigration sweeps in Southern California. The campaign was led by Gregory Bovino, a veteran Border Patrol chief who normally presided over a remote stretch of sand and scrub deep in the state’s Imperial Valley.
Bovino from the start encouraged his agents to shut down or arrest protesters.
“Arrest as many people that touch you as you want to. Those are the general orders, all the way to the top,” Bovino told his officers, footage from an agent’s body-worn camera shows. “Everybody fucking gets it if they touch you.”
He went on to remind them that their actions should be “legal, ethical, moral” while encouraging them to use so-called less lethal weapons on protesters.
“We’re gonna look at shipping tractor trailers full of that shit in here,” he said.
Bovino’s aggressive tactics sparked intense opposition from Angelenos, including those gathered in the streets in front of the sprawling federal office complex in downtown Los Angeles on June 9.
That day Orellana drove his Ford F-150 pickup truck loaded with bottled water, snacks and cardboard boxes containing Uvex brand face shields — clear plastic masks designed to protect industrial workers from flying debris and chemical splashes — to the protest.
When he arrived in front of the federal building, another person hopped into the bed and began handing out the supplies to protesters gathered outside the entrance.
Orellana told FRONTLINE and ProPublica that he decided to help distribute the supplies after watching federal agents fire tear gas and rubber bullets into crowds at an earlier demonstration.
“A bunch of us took it upon ourselves to, you know, go downtown and give out these resources — the food, water and of course the PPE,” he said, referring to personal protective equipment.
Video and photos quickly made their way onto social media. An X user with more than 30,000 followers posted a photo of Orellana. “A photograph of the man delivering boxes of gas masks to the rioters has emerged,” wrote the poster. “We must identify him, so we can track down who is funding this coordinated attack.”
From there the thread was picked up by the conspiracy theorist Alex Jones, who has a vast audience on the platform. Jones, who repeatedly claimed that financier and philanthropist George Soros was funding the protests, eventually named Orellana as the driver of the pickup. More than two million people saw the post.
Within 48 hours, the soldiers and federal agents arrived to arrest Orellana.
Over the next five months, they arrested more than one hundred U.S. citizens in Los Angeles and other cities in Southern California — most of them demonstrators — charging them with assaulting federal law enforcement personnel or interfering with agents’ activities. Others were accused of damaging government property. At least 16, like Orellana, were charged with conspiracy, which can carry a sentence of up to six years in prison.
ProPublica and FRONTLINE found that more than a third of those cases crumbled. In eight instances, juries acquitted defendants at trial. But more frequently, prosecutors dropped charges when the claims made by immigration officers and agents didn’t match video evidence or other inconsistencies emerged. In several cases, prosecutors declined to file charges at all.
There have been some successful prosecutions: 32 of the 116 people whose arrests in California we reviewed have been convicted, many pleading guilty to misdemeanor charges. And in late February, jurors convicted two activists on stalking charges after they livestreamed themselves following an immigration agent to his home; the pair were acquitted of conspiracy.
Today 38 cases are still pending.
Essayli has stated on social media that his office brought more than 100 cases and secured convictions in more than half of them. When asked about the discrepancy between his claims and the data compiled by ProPublica and FRONTLINE, he declined to comment.
“The U.S. attorney’s office does not lose cases because they’re bad lawyers,” said Carley Palmer, who spent eight years as a federal prosecutor in the office Essayli now runs. “They are excellent trial attorneys. So if they’re losing a case, it may mean that the evidence isn’t there, or it may mean that the community doesn’t believe it should be a federal crime.”
Palmer, who is now in private practice, said the glut of protest and low-level criminal immigration cases have shifted resources away from the complex prosecutions the DOJ is uniquely equipped to handle: environmental crimes, public corruption, financial fraud, cyberscams, civil rights violations.
Essayli declined to be interviewed for this story or an accompanying FRONTLINE documentary set to air Tuesday. He was appointed by the Trump administration in early 2025, but he has never been confirmed by the Senate, raising ongoing questions about the legality of his role as top prosecutor for the region. His office did not respond to detailed questions sent by email.
Like Orellana, Julian Pecora Cardenas, 31, was charged with conspiracy last summer after following a convoy of federal agents in his car.
On the morning of July 5, Pecora Cardenas followed vans full of Border Patrol agents after they left a Coast Guard station in San Pedro, south of Los Angeles, livestreaming their movements on Instagram. “It’s every citizen’s duty to conduct oversight of their government,” he said. “I was within my First Amendment rights.”
After roughly 30 minutes, the agents stopped, pulled Pecora Cardenas from his Hyundai and slammed him to the pavement. “I honestly thought it was going to be like a George Floyd moment,” Pecora Cardenas recalled in an interview, alleging that multiple agents pinned him to the asphalt with their knees. He suffered a concussion, needed stitches over his left eye and wore an orthopedic collar to stabilize his injured neck.
Federal prosecutors charged Pecora Cardenas and another activist with conspiracy to impede the federal agents, saying that they “were illegally maneuvering their vehicles through traffic, stop lights, and stop signs to stay behind the agent’s vehicles,” that they tried to block the Border Patrol vehicles, and that they created “hazardous conditions on the road.”
Pecora Cardenas’ own video of the day’s events told a different story. The footage, which ProPublica and FRONTLINE have reviewed, contradicts the claims that the men had interfered with the agents. Within days of seeing the images, Essayli’s office jettisoned the charges “in the interest of justice.”
Pecora Cardenas hasn’t tried to observe federal agents or participate in a protest since his arrest. “I don’t want to be assaulted again. I don’t want to wind up back in federal prison for something that I didn’t do.”
“They Were Just Randomly Grabbing People”
When Bovino, the Border Patrol chief, left California and took his forces to Illinois last fall, their focus on protesters intensified.
In roughly one month, federal agents arrested more than a hundred American citizens, many of them activists participating in demonstrations or documenting the movements of immigration agents as their convoys of rented SUVs rolled through the streets of Chicago and surrounding communities.
On the morning of Oct. 3, 2025, about two hundred demonstrators gathered near the ICE facility in Broadview, a small town in the western suburbs of Chicago. Tucked away in a quiet industrial park, the nondescript building had become the locus of ongoing protests since Bovino and his forces had arrived in Illinois.
Then-Homeland Security Secretary Kristi Noem, accompanied by a DHS video team, was on site that day wearing a baseball cap and a black ballistic vest.
Also present was Benny Johnson, a prominent podcaster and online influencer who is close to the Trump administration. Johnson, who had brought his own camera crew to shoot video for his YouTube channel and other social media accounts, was effectively embedded with Noem, Bovino and the immigration agents.
At about 9 a.m., Bovino and a phalanx of heavily armed agents in combat gear began striding down Harvard Street toward the protesters. “Walk slowly,” Bovino told his men.
Without a bullhorn or any sort of amplification, Bovino informed the crowd that they were being dispersed. Then he and his colleagues began shoving people to the ground and arresting them.
In a matter of minutes, a dozen protesters had been handcuffed. Three arrestees interviewed by ProPublica and FRONTLINE told us they were confused because they’d been standing in a “free speech zone” set up by state officials.
“I felt somebody grab my shoulder and pull me to the ground,” said Juan Muñoz, a business owner and elected leader in nearby Oak Park Township. “And once I fell onto my back, that’s when I saw it was Greg Bovino.”
Kyle Frankovich, a Harvard data scientist and Chicago resident, was also arrested. “They were just randomly grabbing people,” he recalled. “There was nowhere to go, people were falling all over the place, and several of the people they arrested simply had the misfortune of tripping over all of the other protesters” as federal agents surged into the crowd.
Frankovich said FBI agents who questioned him asked who had paid for him to participate in the demonstration and who “covered the transportation cost for you to be here today.”
Johnson’s video team and a DHS camera crew filmed the arrested protesters as they were lined up outside the ICE building, while Noem looked on. DHS posted photos of Frankovich in handcuffs on X and Facebook with the message, “We will NOT allow violent activist to lay hands on our law enforcement.”
Johnson, who has more than more than 4 million followers on X and more than 6 million subscribers on YouTube, posted a video on X panning across the arrested protesters and wrote: “I saw dozens of Democrat domestic terrorists arrested today for VIOLENT ASSAULT on federal law enforcement. Every activist here attacked ICE agents in broad daylight just for enforcing American law.” He made the same claim in a nearly 13-minute-long YouTube video.
Such social media content had become a central feature of the Trump administration’s deportation campaign. DHS, Border Patrol and a raft of allied social media influencers regularly produced slick videos showing agents in action: riding in helicopters, striding through city streets clutching rifles, breaking down doors, and apprehending immigrants and activists.
But on that day in Chicago, DHS had strayed far from the facts. And so had Johnson, a 38-year-old former journalist who turned to social media after being embroiled in plagiarism scandals at BuzzFeed and the Independent Journal Review.
After about eight hours in custody, Frankovich, Muñoz and nearly all the others were released without charges. In the end, only one person would be prosecuted.
Neither DHS nor Johnson have taken the posts down. Johnson did not respond to emailed requests for comment.
The lone person charged with a crime that day was Cole Sheridan, who was accused of attacking Bovino and sending him to the hospital with an injured groin muscle.
Sheridan spent three and a half days in jail — “probably the most unpleasant thing I’ve ever had to experience,” he said in an interview with FRONTLINE and ProPublica — before being released.
In court, a prosecutor said that Sheridan had thrown a punch at Bovino and pushed him, transcripts show.
The evidence presented by the Justice Department, though, was slim. Bovino didn’t wear a body camera, so prosecutors relied on video from the body camera of Border Patrol agent Jason Epperson. But it didn’t show Sheridan assaulting anyone — though he did call Bovino “a fucking idiot.” In statements to investigators, Bovino and Epperson had offered conflicting accounts of the encounter.
About a month after Sheridan was arrested, prosecutors moved to dismiss the case after a bystander video surfaced showing clearly that Sheridan hadn’t assaulted Bovino.
“I don’t know if I’ve ever experienced something truly that bizarre and absurd as, like, seeing a law enforcement agent concoct a narrative to arrest me, to press charges against me,” said Sheridan, who describes himself as intensely private and was initially reluctant to talk publicly about his arrest. “That was extremely unnerving.”
He remains worried that he’ll be harassed or even physically attacked because of the inflammatory social media posts about him. “What a farce. Every element of it felt staged,” he said.
In a statement to ProPublica and FRONTLINE, Chicago U.S. Attorney Andrew Boutros said, “Our willingness to be open-minded and dismiss cases — or not file charges in the first place — reflects our commitment to do the right thing even in those cases where a crime was committed and the conduct in question clearly falls outside any protected First Amendment activity.” He declined to comment directly on Sheridan’s case.
FRONTLINE and ProPublica showed video of Sheridan’s arrest to Lopez, the former Justice Department attorney. “It’s just a gross abuse of power,” she said. “And we’ve almost normalized that this is how federal law enforcement behaves now. They just arrest people.”
Of the 109 arrests that ProPublica and FRONTLINE documented in the Chicago area, federal prosecutors dropped charges in at least 75 cases.
Felony Charges Downgraded
When Bovino and his forces arrived in North Carolina last November, they were greeted by protesters opposed to the deportation sweeps, as they had been in previous cities.
Heather Morrow was one of them. She had joined a small group of demonstrators, chanting and banging on metal dishes outside an immigration facility in Charlotte when ICE officers confronted the group.
They handcuffed Morrow, 45, and another activist, stuffed them in the back of a federal vehicle and, according to Morrow, kept them there for hours before finally taking her to jail.
“I was so traumatized,” Morrow, a school bus driver and dog boarder, said in an interview. “I didn’t expect them to be so overly aggressive. I really showed up there expecting conversation, making them come to their senses.”
After a full day and night in custody, she was released to face federal felony assault charges. A Department of Justice press release accused her of attacking an ICE officer just as he showed up for his work shift, grabbing his shoulders and trying to jump on his back.
But a shaky phone video circulating on social media showed what appeared to be a very different scene. In it, an officer comes from behind and abruptly tackles Morrow to the pavement. The video doesn’t show her assaulting anyone.
When prosecutors saw the video, they dumped the felony charges. But they promptly filed a new misdemeanor case against Morrow and the other activist, alleging the pair impeded ICE officers and failed to follow their orders. It took a month for Morrow to get her phone back from federal custody, while her other confiscated possessions, including her keys, have been lost, Morrow’s attorney said. Because she’s on pretrial probation, the federal government has seized her passport. Morrow has pleaded not guilty, and her case is ongoing.
In Handcuffs and Intimidated
In early January, Bovino arrived in Minneapolis with his social media team. Within weeks, two activists — Renee Good and Alex Pretti — were shot and killed by immigration agents. The Trump administration immediately portrayed Good as an extremist; Bovino claimed that Pretti was planning to kill federal personnel when he was shot to death.
The killings, which sparked national outcry, would prompt the administration to recalibrate. By Jan. 26, Bovino had been demoted and sent back to his home station in the California desert.
But immigration agents continued to roam the Twin Cities, and activists continued to get arrested.
Civil rights attorneys from around the country gathered in a Minneapolis conference room on Jan. 30 to discuss those arrests.
During a break for lunch, Jon Feinberg, president of the National Police Accountability Project, stepped out of the room and spoke to reporters. “To be charged with a federal crime is something that is life-altering,” said Feinberg, who is based in Philadelphia. “The consequences of being accused and possibly convicted of a federal offense are devastating, especially when people have not engaged in criminal conduct from any reasonable person’s perspective.”
ProPublica and FRONTLINE have identified nearly 80 arrests stemming from the Minnesota immigration sweeps. Most of the cases are still ongoing, though a handful have been dismissed.
Daniel Rosen, the U.S. attorney for Minnesota, did not respond to requests for comment.
One of those arrested was Rebecca Ringstrom, who lives in Blaine, a quiet suburb north of Minneapolis.
Ringstrom, 42, is a member of an activist group that tracks immigration agents as they move around Blaine. “There was a vehicle with four agents inside that I could see. All four were in tactical gear,” she said in an interview with ProPublica and FRONTLINE. “I was able to look at the plate and see that it was a confirmed ICE vehicle.”
Behind the wheel of her Kia, she began following them; Ringstrom insists her driving was safe and lawful. But in a matter of minutes, she’d been arrested and accused of interfering with federal law enforcement.
Ringstrom said an agent at the Bishop Henry Whipple Federal Building, where she was briefly held after her arrest, said he wished he’d arrested her — because he would’ve made the experience more unpleasant and violent. “There was no reason to say that. I’m already here. I’m in handcuffs. It’s just a way to intimidate,” she recalled.
She was charged with interfering with a federal agent and issued a notice of violation — essentially a ticket — for the misdemeanor offense. Since then, Ringstrom has lined up a pro bono lawyer, but she has also lost her job, “likely due to the ongoing coverage” of her arrest.
She is scheduled to make her first court appearance later this month.
“Exhaustion” is a legal term. It means plaintiffs need to explore the rest of their options before asking a court to handle their case or ask a higher court to handle a case the lower court has declared not quite exhausted enough.
“Exhaustion” is also a human term. And that’s where we are with this case, nearly nine years since a federal court first told the (then-anonymous) cop to GTFO with his weird-ass complaints against [checks original filing] Twitter, the entire Black Lives Matter social movement, and lifelong anti-police violence activist DeRay Mckesson.
The origin of this case is Mckesson’s appearance at a Black Lives Matter demonstration in Baton Rouge, Louisiana all the way back in July of 2016. So, we’re a decade in and yet, this cop (now known as John Ford) gets to keep trying to make things worse for DeRay and the First Amendment. And the Fifth Circuit Appeals Court seems hellbent on letting him do this.
The 2019 ruling made it abundantly clear Officer John Ford could not sue Twitter, a Twitter hashtag, or Mckesson for injuries he sustained when someone who was not DeRay Mckesson lobbed a projectile and hit him in the head.
This should have been obvious to everyone, even someone recently recovering from a head wound. But on appeal, the Fifth Circuit simply feigned ignorance of the law. I am not even kidding. It said Mckesson had a duty of care during his peaceful protest that it would never apply to cops who hurl flashbangs into toddler’s cribs:
Given the intentional lawlessness of this aspect of the demonstration, Mckesson should have known that leading the demonstrators onto a busy highway was most nearly certain to provoke a confrontation between police and the mass of demonstrators, yet he ignored the foreseeable danger to officers, bystanders, and demonstrators, and notwithstanding, did so anyway. By ignoring the foreseeable risk of violence that his actions created, Mckesson failed to exercise reasonable care in conducting his demonstration.
Yep, just because the protest closed off a roadway, Mckesson MIGHT be responsible for any other lawless activities other than his own. Mckesson was never criminally charged for blocking off a highway. Nevertheless, the court thought it might be possible that he was somehow responsible for someone else deciding to lob a chunk of concrete at nearby police officers.
The Fifth is a Circus, not a Circuit. Even the Supreme Court — as chock full of MAGA loyalists as it is — found this to be a bit too much, something it tends to find quite often when dealing with appeals bubbling up from the Fifth’s primordial ooze. It sent the case back down to the Fifth, which then decided it should make this a state law case, in obvious hopes of finding some way to keep this cop’s bullshit lawsuit alive.
The dissent in this ruling, which turfed it to the state’s top court, made it explicitly clear that the majority was twisting itself into legal pretzels just to give this aggrieved cop several more bites of this rotting apple:
Indeed, the lone “inciteful” speech quoted in Doe’s complaint is something Mckesson said not to a fired-up protestor but to a mic’ed-up reporter—the day following the protest: “The police want protestors to be too afraid to protest.” Tellingly, not a single word even obliquely references violence, much less advocates it. Temporally, words spoken after the protest cannot possibly have incited violence during the protest.And tacitly, the majority opinion seems to discard the suggestion that Mckesson uttered anything to incite violence against Officer Doe.
The case has now been returned to the Fifth Circuit. The Louisiana Supreme Court ruled that Mckesson’s actions could amount to the sort of negligence that might satisfy statutory requirements, but it never said one way or another whether or not it actually believed his presence at this protest approached these standards.
So, this case has been remanded (once) by the US Supreme Court due to the Fifth’s faulty logic. It has been sent back to the district level twice, with the court finding in both cases that Mckesson cannot be held liable for the actions of the person who hit the cop with a rock. A huge stack of adverse rulings have been generated by the Fifth’s refusal to respect the First Amendment and/or force the cop to sue the person who actually injured him.
And yet, the Fifth persists. Because it’s the Fifth. It draws heavily from the state Supreme Court ruling — one in which the court was only asked (1) whether such a charge might be plausible and (2) whether damages could be recovered if said accusation proved to be true. No certified question about the constitutional issues raised by suing a protester for being at a protest where someone else injured a cop. No question was asked as to whether or not it was constitutional to treat every person at a protest equally liable for any crime that might be committed during a protest.
Those questions weren’t asked because the Fifth Circuit didn’t want those answers. All it wanted was a reason to allow this cop to sue a Black protester because this was the only name the cop had managed to gather during his nine years of litigation.
And here’s a court that would move heaven and earth to prevent a lawsuit against a cop to be handled by a jury moving heaven and earth [PDF] to ensure it will happen when a cop sues a regular person. (h/t Gabriel Malor on Bluesky)
And what’s said by the court is disturbing — not just because it attempts to hold recognizable people who are easy targets for lawsuits responsible for other people’s actions, but also because it attempts to smear an entire movement (especially as personified by the defendant in this case) as inherently dangerous and unlawful. There’s a lot of loaded language here, which is especially suspect when the court is claiming the right thing to do is hand this off to an impartial jury:
[T]he district court erred because the evidence in the record corroborates Officer Ford’s testimony. As recounted above, the evidence demonstrates that Mckesson helped plan the protest, was a leader in many protests that have turned violent, amplified messages about the protest on social media, and gave orders to the crowd during the protest. Additionally, a video of Mckesson’s position near the police as they cut off the protestors from accessing the interstate substantiates the other evidence. This evidence all tends to support that Mckesson was a leader of the protest, if the jury so determines.
[…]
Mckesson supported these violent protests, and he refused to condemn the use of violence in a televised interview on CNN. Consequently, whether Mckesson breached his duty to Officer Ford and others raises a triable jury question.
The only supporting documents the court offers are those submitted by the officer. There are lots of things citing the officer’s complaint, but that’s not the stuff the court is supposed to be citing as supportive in this appeal. Remember, Doe/Ford was the losing party in the district court case. He’s the moving party, as the legal parlance goes. The appellate court is supposed to grant more deference to the non-moving party during appeals. But the Fifth has gone the other way… multiple times in the same case! The cop got his deference at the lower level as the plaintiff. He’s not supposed to get it again when he loses.
Having done the wrong thing at least twice, the court tosses it to what the majority must feel might be a sympathetic (to the cop) jury in Louisiana. While it’s always happy to terminate litigation when cops are the defendants, it’s seeming more than willing to extend litigation when it’s the cops who are suing citizens.
There’s a dissent that runs nearly as long as the majority ruling. It’s great that it’s there and that it recognizes the Fifth’s willingness to pretend the First Amendment doesn’t matter when it’s a cop that’s doing the complaining (in the legal sense of the word)[and also the regular sense of the word].
But the majority makes the rules. The Fifth has decided that — at least in this case — it will side with the moving party and pretend that holding protesters or protest organizers legally responsible for any criminal or civil violations committed by other protesters doesn’t have any affect on the First Amendment whatsoever. It’s a convenient abdication of its role of a check/balance — one delivered by court that has, for years, demonstrated it would rather see 100 innocent people punished than allow one guilty cop to suffer the consequences of their actions.
We are being led by deeply unserious people. Not only that, but people who are manufacturing cruelty upon their very own constituents. That’s how bad this has gotten.
This week, the DOJ arrested three people in Minnesota for protesting ICE’s goonish activity in a local church, where the pastor there also heads up the local ICE field office. Among the three is Nekima Levy Armstrong, former NAACP chapter president and a local activist who the DOJ claims organized the protest and instigated the group going into the church during services. Just how true any of that is is anyone’s guess, since it’s become impossible to believe a single thing this government says about ICE protests. For example:
There was no attack. There was no violence. There were words and chants being voiced in a place of worship. You can find that repugnant, if you like. It’s still not an attack.
The law being cited for the arrest makes Armstrong’s detention dubious at best.
The law Bondi cited in her announcement — 18 U.S. Code § 241 — describes it pertaining to when “two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States.”
While many in the faith community are obediently clutching their figurative pearls over all of this, I’m struggling to understand how walking into a church that’s open to the public and saying words, even interrupting services, violates that law. I don’t think it does, but then I also laughed out loud when I read Bondi’s claim that this was an “attack.” The plain meaning of words doesn’t appear to matter to these people all that much.
But here’s the thing: that picture has been altered by AI. Here is the unaltered picture of Armstrong’s arrest as circulated by the administration’s very own Kristi Noem.
Yes, the White House decided to take an image of law enforcement improperly arresting an American citizen, one of their own constituents, and have AI alter it to make it appear that she is in distress. Oh, and they made her skin tone slightly darker as well. Because they want her to have been in distress. It eats them up inside that she wasn’t crying. That want her to be “blacker” because they want all of their enemies to be people of color. They’re showing you want they want to visit upon American citizens.
And until they are put in check, they will continue to behave like a toddler with unfettered access to the internet and a permanently shitty attitude.
Asked whether the image had been digitally altered, the White House responded by sending a post on X from Kaelan Dorr, the deputy communications director.
“YET AGAIN to the people who feel the need to reflexively defend perpetrators of heinous crimes in our country I share with you this message: Enforcement of the law will continue. The memes will continue. Thank you for your attention to this matter,” he said.
And thank you, Kaelan, for going outside and playing hide and go fuck yourself.
Again, deeply unserious people. Shitposters. Internet trolls. These are the people in charge of the government. The ones sending their goon squads into our cities. The ones threatening to use the military against its own citizens. The ones that believe they are beyond accountability for all they are currently doing.
I worry seriously that the president’s health is such that he won’t be available to stand trial whenever our government returns to sanity and the time for accountability arrives. But the same can’t be said for those beneath him. Bondi, Noem, Dorr, and many others will be held to account for what they are doing in this administration. The ledger will be kept and debts satisfied through the legal system, once actual justice is back on the menu.
For now, the fight against the toddlers continues.
If you support the protests, you should tell everyone you know that you support them.
Some of us have jobs, commitments, health conditions, or other circumstances that prevent us from marching with our fellow citizens in the streets. But for those of us who cannot march out of love for our country and to protect our fellow citizens from the criminal bullies who have stolen our federal government, we must feel free to tell everyone that we support the marchers.
Tell your boss at work. Tell your coworkers. Tell your neighbors. Tell your family. Let everyone know you support the marchers.
This does not make you a radical. It makes you part of the human race.
The marchers are defending constitutional government. They’re defending the rule of law. They’re defending your rights and mine. They’re standing up to criminals who wage unconstitutional war, who shoot citizens in the streets, who violate every principle this country was founded on.
Supporting them isn’t extreme. Silence is extreme. Silence is collaboration. Silence is choosing the side of the criminals.
You don’t have to march to matter. You don’t have to risk arrest to resist. You just have to stop pretending neutrality is an option when your government is killing people.
Say it: I support the protests.
Say it to everyone. Say it at work. Say it at home. Say it to strangers.
This is how majorities recognize they’re majorities. This is how isolated people realize they’re not alone. This is how the criminals learn there are more of us than there are of them.
I support the protests. So should you. And you should say so.
Out loud. To everyone.
That’s not radicalism. That’s citizenship.
Mike Brock is a former tech exec who was on the leadership team at Block. Originally published at his Notes From the Circus.
It’s no secret that 2025 has givenAmericansplentytoprotestabout. But as news cameras showed protesters filling streets of cities across the country, law enforcement officers—including U.S. Border Patrol agents—were quietly watching those same streets through different lenses: Flock Safety automated license plate readers (ALPRs) that tracked every passing car.
Through an analysis of 10 months of nationwide searches on Flock Safety’s servers, we discovered that more than 50 federal, state, and local agencies ran hundreds of searches through Flock’s national network of surveillance data in connection with protest activity. In some cases, law enforcement specifically targeted known activist groups, demonstrating how mass surveillance technology increasingly threatens our freedom to demonstrate.
Flock Safety provides ALPR technology to thousands of law enforcement agencies. The company installs cameras throughout their jurisdictions, and these cameras photograph every car that passes, documenting the license plate, color, make, model and other distinguishing characteristics. This data is paired with time and location, and uploaded to a massive searchable database. Flock Safety encourages agencies to share the data they collect broadly with other agencies across the country. It is common for an agency to search thousands of networks nationwide even when they don’t have reason to believe a targeted vehicle left the region.
Via public records requests, EFF obtained datasets representing more than 12 million searches logged by more than 3,900 agencies between December 2024 and October 2025. The data shows that agencies logged hundreds of searches related to the 50501 protests in February, the Hands Off protests in April, the No Kings protests in June and October, and other protests in between.
The Tulsa Police Department in Oklahoma was one of the most consistent users of Flock Safety’s ALPR system for investigating protests, logging at least 38 such searches. This included running searches that corresponded to a protest against deportation raids in February, a protest at Tulsa City Hall in support of pro-Palestinian activist Mahmoud Khalil in March, and the No Kings protest in June. During the most recent No Kings protests in mid-October, agencies such as the Lisle Police Department in Illinois, the Oro Valley Police Department in Arizona, and the Putnam County (Tenn.) Sheriff’s Office all ran protest-related searches.
While EFF and other civil liberties groups argue the law should require a search warrant for such searches, police are simply prompted to enter text into a “reason” field in the Flock Safety system. Usually this is only a few words–or even just one.
In these cases, that word was often just “protest.”
Crime does sometimes occur at protests, whether that’s property damage, pick-pocketing, or clashes between groups on opposite sides of a protest. Some of these searches may have been tied to an actual crime that occurred, even though in most cases officers did not articulate a criminal offense when running the search. But the truth is, the only reason an officer is able to even search for a suspect at a protest is because ALPRs collected data on every single person who attended the protest.
Search and Dissent
2025 was an unprecedented year of street action. In June and again in October, thousands across the country mobilized under the banner of the “No Kings” movement—marches against government overreach, surveillance, and corporate power. By some estimates, the October demonstrations ranked among the largest single-day protests in U.S. history, filling the streets from Washington, D.C., to Portland, OR.
EFF identified 19 agencies that logged dozens of searches associated with the No Kings protests in June and October 2025. In some cases the “No Kings” was explicitly used, while in others the term “protest” was used but coincided with the massive protests.
Law Enforcement Agencies that Ran Searches Corresponding with “No Kings” Rallies * Anaheim Police Department, Calif. * Arizona Department of Public Safety * Beaumont Police Department, Texas * Charleston Police Department, SC * Flagler County Sheriff’s Office, Fla. * Georgia State Patrol * Lisle Police Department, Ill. * Little Rock Police Department, Ark. * Marion Police Department, Ohio * Morristown Police Department, Tenn. * Oro Valley Police Department, Ariz. * Putnam County Sheriff’s Office, Tenn. * Richmond Police Department, Va. * Riverside County Sheriff’s Office, Calif. * Salinas Police Department, Calif. * San Bernardino County Sheriff’s Office, Calif. * Spartanburg Police Department, SC * Tempe Police Department, Ariz. * Tulsa Police Department, Okla. * US Border Patrol
For example:
In Washington state, the Spokane County Sheriff’s Office listed “no kings” as the reason for three searches on June 15, 2025 [Note: date corrected]. The agency queried 95 camera networks, looking for vehicles matching the description of “work van,” “bus” or “box truck.”
In Texas, the Beaumont Police Department ran six searches related to two vehicles on June 14, 2025, listing “KINGS DAY PROTEST” as the reason. The queries reached across 1,774 networks.
In California, the San Bernardino County Sheriff’s Office ran a single search for a vehicle across 711 networks, logging “no king” as the reason.
In Arizona, the Tempe Police Department made three searches for “ATL No Kings Protest” on June 15, 2025 searching through 425 networks. “ATL” is police code for “attempt to locate.” The agency appears to not have been looking for a particular plate, but for any red vehicle on the road during a certain time window.
But the No Kings protests weren’t the only demonstrations drawing law enforcement’s digital dragnet in 2025.
For example:
In Nevada’s state capital, the Carson City Sheriff’s Office ran three searches that correspond to the February 50501 Protests against DOGE and the Trump administration. The agency searched for two vehicles across 178 networks with “protest” as the reason.
In Florida, the Seminole County Sheriff’s Office logged “protest” for five searches that correspond to a local May Day rally.
In Alabama, the Homewood Police Department logged four searches in early July 2025 for three vehicles with “PROTEST CASE” and “PROTEST INV.” in the reason field. The searches, which probed 1,308 networks, correspond to protests against the police shooting of Jabari Peoples.
In Texas, the Lubbock Police Department ran two searches for a Tennessee license plate on March 15 that corresponds to a rally to highlight the mental health impact of immigration policies. The searches hit 5,966 networks, with the logged reason “protest veh.”
In Michigan, Grand Rapids Police Department ran five searches that corresponded with the Stand Up and Fight Back Rally in February. The searches hit roughly 650 networks, with the reason logged as “Protest.”
Someagencies have adopted policies that prohibit using ALPRs for monitoring activities protected by the First Amendment. Yet many officers probed the nationwide network with terms like “protest” without articulating an actual crime under investigation.
In a few cases, police were using Flock’s ALPR network to investigate threats made against attendees or incidents where motorists opposed to the protests drove their vehicle into crowds. For example, throughout June 2025, an Arizona Department of Public Safety officer logged three searches for “no kings rock threat,” and a Wichita (Kan.) Police Department officer logged 22 searches for various license plates under the reason “Crime Stoppers Tip of causing harm during protests.”
Even when law enforcement is specifically looking for vehicles engaged in potentially criminal behavior such as threatening protesters, it cannot be ignored that mass surveillance systems work by collecting data on everyone driving to or near a protest—not just those under suspicion.
Border Patrol’s Expanding Reach
As U.S. Border Patrol (USBP), ICE, and other federal agencies tasked with immigration enforcement have massively expanded operations into major cities, advocates for immigrants have responded through organized rallies, rapid-response confrontations, and extended presences at federal facilities.
USBP has made extensive use of Flock Safety’s system for immigration enforcement, but also to target those who object to its tactics. In June, a few days after the No Kings Protest, USBP ran three searches for a vehicle using the descriptor “Portland Riots.”
USBP also used the Flock Safety network to investigate a motorist who had “extended his middle finger” at Border Patrol vehicles that were transporting detainees. The motorist then allegedly drove in front of one of the vehicles and slowed down, forcing the Border Patrol vehicle to brake hard. An officer ran seven searches for his plate, citing “assault on agent” and “18 usc 111,” the federal criminal statute for assaulting, resisting or impeding a federal officer. The individual was charged in federal court in early August.
USBP had access to the Flock system during a trial period in the first half of 2025, but the company says it has since paused the agency’s access to the system. However, Border Patrol and other federal immigration authorities have been able to access the system’s data through local agencies who have run searches on their behalf or even lent them logins.
Targeting Animal Rights Activists
Law enforcement’s use of Flock’s ALPR network to surveil protesters isn’t limited to large-scale political demonstrations. Three agencies also used the system dozens of times to specifically target activists from Direct Action Everywhere (DxE), an animal-rights organization known for using civil disobedience tactics to expose conditions at factory farms.
Delaware State Police queried the Flock national network nine times in March 2025 related to DxE actions, logging reasons such as “DxE Protest Suspect Vehicle.” DxE advocates told EFF that these searches correspond to an investigation the organization undertook of a Mountaire Farms facility.
Additionally, the California Highway Patrol logged dozens of searches related to a “DXE Operation” throughout the day on May 27, 2025. The organization says this corresponds with an annual convening in California that typically ends in a direct action. Participants leave the event early in the morning, then drive across the state to a predetermined but previously undisclosed protest site. Also in May, the Merced County Sheriff’s Office in California logged two searches related to “DXE activity.”
As an organization engaged in direct activism, DxE has experienced criminalprosecution for its activities, and so the organization told EFF they were not surprised to learn they are under scrutiny from law enforcement, particularly considering how industrial farmers have collected and distributed their own intelligence to police.
The targeting of DxE activists reveals how ALPR surveillance extends beyond conventional and large-scale political protests to target groups engaged in activism that challenges powerful industries. For animal-rights activists, the knowledge that their vehicles are being tracked through a national surveillance network undeniably creates a chilling effect on their ability to organize and demonstrate.
Fighting Back Against ALPR
ALPR systems are designed to capture information on every vehicle that passes within view. That means they don’t just capture data on “criminals” but on everyone, all the time—and that includes people engaged in their First Amendment right to publicly dissent. Police are sitting on massive troves of data that can reveal who attended a protest, and this data shows they are not afraid to use it.
Our analysis only includes data where agencies explicitly mentioned protests or related terms in the “reason” field when documenting their search. It’s likely that scores more were conducted under less obvious pretexts and search reasons. According to our analysis, approximately 20 percent of all searches we reviewed listed vague language like “investigation,” “suspect,” and “query” in the reason field. Those terms could well be cover for spying on a protest, an abortion prosecution, or an officer stalking a spouse, and no one would be the wiser–including the agencies whose data was searched. Flock has said it will now require officers to select a specific crime under investigation, but that can and will also be used to obfuscate dubious searches.
For protestors, this data should serve as confirmation that ALPR surveillance has been and will be used to target activities protected by the First Amendment. Depending on your threat model, this means you should think carefully about how you arrive at protests, and explore options such as by biking, walking, carpooling, taking public transportation, or simply parking a little further away from the action. Our Surveillance Self-Defense project has more information on steps you could take to protect your privacy when traveling to and attending a protest.
For local officials, this should serve as another example of how systems marketed as protecting your community may actually threaten the values your communities hold most dear. The best way to protect people is to shut down these camera networks.
Everyone should have the right to speak up against injustice without ending up in a database.
When President Donald Trump told reporters on Sept. 5 he’d started looking at sending the National Guard to Portland, Oregon, he said it was because of something he saw on television.
He said the city was being destroyed by paid agitators. “What they’ve done to that place, it’s like living in hell,” he said, a comment that became an internet meme as some Portland residents juxtaposed it with tranquil images of the city.
Trump didn’t say which channel he watched; he said at one point he saw something “today” and at another “last night.”
The evening before, on Sept. 4, Fox News aired a two-and-a-half-minute segment spotlighting protests outside a federal Immigration and Customs Enforcement field office in Portland. Similar footage aired the morning of Trump’s remarks. The president went on to announce Sept. 27 on Truth Social that he would send troops, saying that he was “authorizing Full Force, if necessary.”
He later said he’d told Oregon’s governor, Tina Kotek, that “unless they’re playing false tapes, this looked like World War II. Your place is burning down.”
ProPublica examined months of Fox News’ coverage and reviewed more than 700 video clips posted to social media by protesters, counterprotesters and others in the three months preceding the Sept. 4 broadcast.
The review found that the news network repeatedly provided a misleading picture of what was happening in Portland.
As The Guardian and The Oregonian/OregonLive have reported, Fox News on Sept. 4 used footage from the 2020 protests after the police killing of George Floyd and said it was from 2025. We found two clear cases from that night as well as one that seemed to match a scene filmed at a key site of the 2020 protests. Fox also mislabeled two other dates of actions shown on screen, and one broadcast implied that a protest from elsewhere was happening in Portland.
Fox News chyrons about Portland the week of Trump’s remarks carried phrases like “violent demonstrators,” “protesters riot,” “anti-I.C.E. Portland rioters” and “war-like protests.” One host said protesters were attacking federal officers.
This portrayal of protesters as routinely instigating violence or rioting was also misleading.
As ProPublica reported last week, most clashes between protesters and police before the Fox News segment did not result in any criminal charges or arrests alleging protesters committed violence. What’s more, based on news releases from federal and local authorities, charges and arrests for assault, arson or destruction of property were almost entirely confined to a period that ended the night of July 4.
Videos after that date captured numerous images of federal officers forcefully moving in on protesters without corresponding criminal charges alleging protester violence.
A spokesperson for Fox News did not respond to ProPublica’s requests for comment.
The Department of Homeland Security did not answer requests to comment on its officers’ tactics.
White House spokesperson Abigail Jackson said of action on the ground in Portland: “This isn’t a peaceful protest that’s under control, like many on the left have claimed, it’s radical violence. President Trump is taking lawful action to protect federal law enforcement officers and address the out-of-control violence that local residents have complained about and Democrat leaders have failed to stop.”
Here’s how Fox News’ coverage of the Portland story was misleading.
Fox News Said It Was 2025. It Wasn’t.
Protests in 2020 in the wake of Floyd’s murder by a police officer attracted large, sometimes violent crowds to Portland — along with a federal law enforcement response authorized by Trump.
The protests outside the ICE facility have typically been far smaller. Still, Fox spliced footage from 2020 into its coverage this year and claimed it was from 2025.
The Fox News correspondent in the segment that aired the night Trump was watching TV said: “On this night in late June, police used tear gas.”
A Sept. 4 Fox News segment aired footage from 2020. Video by Joanna Shan/ProPublica
The accompanying image appears to be not from the ICE building but from the federal courthouse in downtown Portland, more than a mile away. A nearly identical scene was shown in a Fox News video five years earlier. Footage that aired Sept. 4, shot at a slightly different angle, blurs out spots where graffiti was visible on the building in Fox’s July 2020 broadcast.
Almost immediately after showing the courthouse scene, the segment cuts to another image as the correspondent says, “federal police used tear gas and flashbangs.”
On screen at that moment is a U.S. Navy veteran who was pepper-sprayed and repeatedly struck with a baton. But it didn’t happen in September 2025. The video was posted on social media on July 18, 2020.
A Sept. 4 Fox News segment aired a clip originally posted to X on July 16, 2020. Video by Joanna Shan/ProPublica
The Fox News segment about the ICE protests soon shows an American flag burning.
That image was posted on social media July 16, 2020.
The location: the base of a downtown Portland statue more than a mile away from the ICE building where protests are happening in 2025.
After mislabeling 2020 events as 2025, Fox’s Sept. 4 evening broadcast explicitly drew a connection between the two periods.
“The protest chaos, which began with riots aimed at social justice in 2020, has severely damaged Portland’s reputation,” the correspondent said.
Fox’s Sept. 4 broadcast explicitly drew a connection between 2025 and the 2020 protests after the police killing of George Floyd. Fox News. Screenshot by ProPublica.
The dramatic footage at this moment shows fires in the street and was broadcast on Fox on Aug. 19, 2020, the day after a crowd smashed through windows and set items on fire in the headquarters for the government of Multnomah County, where Portland is located.
Fox’s Sept. 4 broadcast used footage originally broadcast Aug. 19, 2020. Fox News. Screenshot by ProPublica.
We don’t know for certain which broadcast got Trump thinking about Portland. The White House did not respond to questions about what Trump watched. But the president said on Sept. 5 that what he’d seen about Portland on TV was “unbelievable.”
“I didn’t know that was still going on,” he said. “This has been going on for years.”
The reality: Portland’s 2020 social justice protests, which resulted in hundreds of arrests and continued for months, turned sporadic by early 2021. Protests in years since have led to occasional property damage, but nothing in Portland has matched the scale of events that followed Floyd’s death.
Portland police Chief Bob Day said at a Sept. 29 press conference that the city had been inaccurately portrayed through the lens of the protests in 2020 and 2021.
“What’s actually happening, and the response we’re seeing both from Portlanders and from the Portland Police Bureau,” Day said, “is not in line with that national narrative. And it is frustrating.”
A Riot That Wasn’t
In a Sept. 2 segment featuring the video from a day earlier, anchor Bill Hemmer said it shows “riots raging.” Anchor Trace Gallagher teased another Sept. 2 news segment by once again showing the video, saying, “It’s a riot outside a Portland ICE facility.”
On a Sept. 2 segment featuring Katie Daviscourt’s Sept. 1 video, anchor Bill Hemmer describes the Sept. 1 protests as “riots raging.” Videos show the violent moments that happened after federal police advanced on protesters. Fox News
The Sept. 4 segment shows Julie Parrish, an attorney for a neighbor of the ICE facility, accusing Portland police of saying, “Meh, we’re just gonna let violent rioters do this for 80 straight nights.”
The physical behavior of protesters that was captured on the video is not violent. The camera instead shows federal agents advancing on them. In the moments before officers tossed munitions into the crowd, videos show, one protester was blowing bubbles. The Portland police did not declare a riot, a legal designation that allows for an elevated police use of force. (They declared a riot just once, a police spokesperson said, on June 14.)
The Sept. 1 protest had “little to no energy,” according to an internal Portland police summary, before federal officers dispersed the crowd to collect a prop guillotine that had been brought. Katie Daviscourt, a Trump-aligned commentator who filmed the clips, noted on X that protesters were having dance parties and that their main problems were “not leaving restricted areas, burning a flag, and possessing a deadly object (guillotine).”
ProPublica found a similar pattern for the three months before Fox’s Sept. 4 broadcast: clashes that on most days and nights had no criminal allegations of protester violence to explain them.
After dozens of arrests and charges were announced in June through July 4, federal prosecutors accused just three people of crimes at the ICE building in the roughly two months leading up to Fox’s Sept. 4 broadcast.
During that same two-month time frame, ProPublica’s review found numerous instances of police using force: videos from more than 20 days or nights with federal officers grabbing, shoving, pepper-spraying, tackling, firing on or using other munitions on protesters.
No local arrests or federal criminal charges were announced on these days or nights, and only a handful of dates corresponded with incidents of protester aggression later asserted by federal authorities in their legal case for sending troops.
Asked whether Fox News accurately represented her footage, Daviscourt said: “I stand by my four months of accurate reporting.”
Parrish told ProPublica she had collected evidence that “shows ongoing and persistent activity” outside the facility that under statute and police directive “would be considered riotous, unlawful assembly and/or disorderly conduct.” She declined to share this evidence, saying it was privileged as part of her client’s file.
Her lawsuit on behalf of a neighbor living near the ICE facility, which sought to require police to enforce Portland’s noise ordinance, was dismissed.
The Reappearing Neighbor
A Sept. 5 “Fox & Friends” segment showed a neighbor from an apartment building confronting protesters over noise, shouting at protesters: “Turn that (bleep) down, it’s midnight! … We the people need sleep!”
Fox said it happened Tuesday, which would have been Sept. 2. Co-host Ainsley Earhardt said, “This has been going on for months now, but a lot of this since Labor Day,” as the video shown on screen sandwiches footage of the neighbor between other scenes from the Labor Day protest.
“This is a chaotic city,” co-host Brian Kilmeade said.
Fox News. Screenshot by ProPublica.
The next day, the clip of the neighbor appeared again on Fox News. This time, the network said the footage was from Wednesday, or Sept. 3.
Fox News. Screenshot by ProPublica.
In reality, the confrontation was captured on video months before. Daviscourt published the video on June 29 on X.
On the two September nights that Fox said the neighbor’s confrontation happened, ProPublica’s review found no videos of violent clashes posted on social media, and federal authorities announced no arrests.
For example, according to a Portland police email from 11:22 p.m. on Sept. 3: “There are still about 20 people hanging around but only 4 were even on the sidewalk in front of the building.”
Misrepresentations Continue After Trump’s Guard Order
On Sept. 28, the day Trump’s order was implemented, a Fox News broadcast played a clip of Kotek saying that Guard troops were not needed in Portland, then immediately cut to a clip of a hectic scene of protesters clashing with police.
“Wish she could see some of those images,” the anchor said. Sarcastically, as a co-anchor chuckled, she added: “Look at that. Just a peaceful protest.”
A small box on the screen showed the footage wasn’t from Oregon.
We’ll see where this goes from here, but for the moment, this order [PDF], issued by federal judge Karin Immergut still stands:
For the above reasons, this Court concludes that Plaintiffs have demonstrated that Defendants violated 10 U.S.C. § 12406 and the Tenth Amendment and satisfy the requirements for a permanent injunction. Therefore, this Court PERMANENTLY ENJOINS Defendants Pete Hegseth, the U.S. Department of Defense, Kristi Noem, and the U.S. Department of Homeland Security from […] federalizing and deploying members of the National Guard in Oregon
This has already happened once. And, for reasons that went mostly unexplained by two of three judges ruling in favor of the administration, a stay was issued that allowed it to continue exploring its martial law options in a city Trump has already admitted he might have been lied to about in terms of civil unrest.
The judges blocking the injunction basically said we have to trust the government, even when it’s obviously lying to us — something pointed out in the sharp dissent written by the third judge in the case (Susan Graber). Her dissent noted that most of the protest involved people wearing inflatable animal costumes (and, memorably, nothing at all). It also noted the absolute dearth of calls from law enforcement for backup when dealing with Portland’s (non-threatening) protesters. Her dissent also pointed out how none of this could possibly add up to the clear and present danger the administration has used to justify the deployment of National Guard troops.
Judge Immergut makes many of the same points: there’s no real threat, the protests have been almost exclusively peaceful, and the government has lied so often it should not be granted judicial deference. The 106-page order practically dares the Ninth Circuit to again ignore the facts on the ground when it is inevitably appealed by the federal government.
For example, here’s the judge taking the government down a few notches (and suggesting contempt findings are perhaps just as inevitable as the administration’s routine disregard for legal precedent) for pretending it didn’t have time to comply with the first order while it simultaneously scrambled troops from out-of-state in an attempt to skirt the expected restraining order:
Ordinarily, this Court would be inclined to accept Defendants’ explanation for their violation of the First TRO [temporary restraining order] given that “the first shift” at the Portland ICE facility commenced prior to this Court’s issuance of the First TRO. However, in light of the following facts, this Court is deeply troubled by Defendants’ continued deployment of Oregon National Guardsmen at the Portland ICE facility in violation of the First TRO. In the seven hours that Defendants took to “convey the message” of the First TRO “to people on the ground,” Defendants simultaneously “convey[ed] the message” to the U.S. Army Northern Command to send 200 of the federalized California National Guard personnel in Los Angeles to Portland. In other words, Defendants had time to order and coordinate the transport of federalized California National Guardsmen from Los Angeles to Portland but needed more time to communicate with the Oregon National Guardsmen at the Portland ICE facility.
The dissent to the Ninth Circuit opinion — combined with the administration’s attempt to circumvent the court order blocking deployment of Oregon National Guard troops by sending in a bunch of troops from other states — has resulted in a successful petition for an en banc hearing by Judge Susan Graber. That means the government is far less likely to see its bluster, outright lies, and end around plays entertained by a far more representative group of Ninth Circuit judges.
Furthermore, the alleged “escalation” cited by the Trump administration is simply a lie, as those who’ve been on the ground (Portland Police Bureau officials) have already (credibly, according to the court) testified:
Any riotous activity affecting the Portland ICE building peaked in June and had subsided for months before the President’s September 27, 2025 callout of the National Guard to Oregon. Regarding the nature of the crowd and its behavior, this Court finds the following. First, the size of the crowds decreased dramatically from June to September. Second, the number of officers briefly increased in response to the peak activity in mid-June, but it quickly subsided and remained at a low steady state until September 27, 2025. Third, the crowd was not directed by an organized group. Fourth, members of the crowd were rarely armed. Fifth and finally, the crowd’s shift in focus from the ICE building and the federal personnel in June to counter protester disputes in September demonstrates that much of the activity since mid-June had little to no effect on the ICE building and federal operations.
And these are things that were happening most of time, according to local law enforcement leaders:
From September 19 to September 28, immediately before the National Guard callout, there was “[n]othing much” going on outside the ICE building. Throughout the protests, PPB Commander Schoening testified that protesters wore “inflatable costumes.” Similarly, PPB Assistant Chief Dobson described “folks in costumes” at the ICE Facility, as well as “other almost festive-type events going on down there,” including “dance parties.”
Also: the government — the federal government, that is — can’t seem to stop lying:
To the extent that it lacks corroboration from other sources of evidence, the Court does not find reliable ICE/ERO Field Office Director Wamsley’s characterization of the damage to the Portland ICE Facility, which suggested damage was more extensive than that which is reflected in the rest of the record.
[…]
There is no credible evidence, however, that all the doors and windows of the ICE facility were broken. No other witness described damage to this degree, including Commander W.T., who was at the Portland ICE Facility every other week the entire summer. Additionally, Director Wamsley testified that she did not know whether there would be any photos of this damage or whether there was any documentation of the repair estimates.
It does it all the time, even when it has to know its lies will be exposed:
Furthermore, PPB reporting from June 14 show additional inconsistencies in the federal government’s version of events. PPB Captain Schoening’s activity log documented: “ICE calling saying they are barricaded in the building and fire lit. Difficult to get accurate information from them. What they say is happening is frequently contradicted by video feeds and subsequent activity. Air 1 shows no fire.” Also, shortly after they reported being barricaded, PPB observed an FPS employee exit a door and noted that FPS “ha[d] been using th[at] door regularly for employee ingress/egress. Th[at] door was reported earlier to be barricaded.”
You think that’s bad? Get ready for this one:
FPS [Federal Protective Services] reported a fire to PPB, but the “fire” turned out to be candles lit for a vigil set up by demonstrators.
In fact, most of the “violence” observed by federal officers was either unprovoked attacks by officers against protesters or instigated by Trump fans who rolled up on peaceful protests in hopes of picking a fight.
This Court finds that many reported disturbances at the ICE Facility after July 4 did not involve law enforcement at all. This Court also received evidence regarding disruptive behavior between individuals within the vicinity of the ICE building since June. Specifically, this Court received evidence regarding altercations between protesters and counter-protesters. Based on that evidence, this Court finds the following: Violence between protesters and counter-protesters occurred outside the Portland ICE building from June to September 27, 2025, but had, at most, a minimal effect on federal law enforcement’s protection of the building and federal personnel.
106 pages. Read it all. Lie after lie after lie from the administration and the small team of DOJ lawyers still willing to appease Trump, rather than seek justice:
As related to the time period immediately before the President’s callout of the National Guard, this Court heard testimony from FPS officers that PPB does not respond to their requests and that FPS stopped calling PPB altogether. The Court does not find this testimony to be credible.
[…]
The Court finds that there is no credible evidence that protest activities at the ICE facility created more than a minimal interference with Defendants’ ability to enforce Title 8 immigration laws in Portland. Director Wamsley testified herself that “altercations between protesters” do not “inhibit the execution of federal immigration law.”
There’s no “rebellion” happening here, the judge says, quoting the same law the administration is now abusing on a regular basis. There’s no concerted effort to seize control of federal property. There are no persistent attacks on federal or local law enforcement. There’s no organized group hoping to seize power. This is exactly the sort of thing this particular administration is incapable of handing: a persistent display of opposition that rarely, if ever, engages in the sort of behavior that might justify the deployment of military troops. The protesters are a fly the government can’t swat, whose mere existence is annoying enough the Commander-in-Chief and his immediate underlings have to constantly lie about to salvage their unconstitutional acts. And, despite all of their power, they’re losing this battle. Let’s see if the Ninth Circuit is willing to make this loss permanent.
President Donald Trump and officials in his administration say National Guard troops are needed in “War ravaged” Portland, Oregon, to protect a local Immigration and Customs Enforcement office that he described as being under siege.
But a ProPublica review found a wide gap between the reality on the ground and the characterizations by the president and the Department of Homeland Security, which said ICE facilities like Portland’s were under “coordinated assault by violent groups.”
We reviewed federal prosecutions and local arrests, internal protest summaries by the Portland Police Bureau, sworn testimony from local and federal officials as well as more than 700 video clips containing hours of footage posted to social media by protesters, counterprotesters and others. We focused on the three months before Sept. 5, when Trump made his first remarks about sending troops to Portland.
The evidence shows officers and protesters were indeed involved in incidents with varying levels of intensity on a little more than half the days. Protesters and counterprotesters exchanged blows at times. With some frequency, smoke and tear gas filled the air and shots from less-lethal police weapons could be heard.
There was no evidence of what could be termed a coordinated assault.
On most of the days or nights when officers and protesters clashed, local police and federal prosecutors ended up announcing no criminal arrests or charges — even though any number of crimes can be cited if someone commits violence against federal officers or property.
In addition, while protests continued across the summer, most of the alleged action by protesters that resulted in federal prosecution or local arrests ended two months before Trump said troops were needed in Portland.
While federal judges decide whether Portland protesters’ behavior constitutes a rebellion, ProPublica set out to examine the degree to which they were inciting unrest and the role that federal officers played. Video by Joanna Shan/ProPublica
A federal judge has temporarily blocked Trump’s deployment of the National Guard to Portland, saying that his administration had not proven that the protests can be fairly characterized as a rebellion, a risk of rebellion or an ongoing lack of order that prevents government officials from carrying out their duties.
Last week, the Justice Department argued in federal court that the last of these three categories — a breakdown of public order so severe that ICE officials can’t do their jobs — is what unfolded in Portland, justifying the president’s decision to federalize Oregon’s National Guard.
The judge is expected to issue a final ruling this week, and the case is expected to continue before the 9th U.S. Circuit Court of Appeals.
If the courts go against Trump, he has another tool that could bring troops: the federal Insurrection Act, which experts say has a lower bar to being used and could involve active-duty military.
While the courts deliberate, ProPublica set out to examine the degree to which protesters were fomenting unrest and the role that federal officers themselves played.
Two policing experts who reviewed videos said federal officers at times used force inappropriately, echoing a Portland police official who testified in court that federal officers were instigating the chaos night after night.
Brian Higgins, former police chief in Bergen County, New Jersey, and a lecturer at John Jay College of Criminal Justice, said some of what federal officers did in the video clips was not typical.
“My question would be, ‘If you used force, why did you not follow through with an arrest?’” Higgins said.
For instance, on Sept. 1, masked officers in combat gear responded to protesters who placed a prop guillotine on the sidewalk in front of the ICE building. The officers chased away the protesters with tear gas, smoke and other less-lethal weapons, grabbed the guillotine and hauled it inside. No criminal charges were announced.
“If there was nothing else to justify the officers coming out and doing this, you’ve got to scratch your head,” Higgins said.
Justice Department attorneys said in a court filing that the presence of the mock guillotine required federal officers “to exert physical force to keep order.” Videos show a protester blowing bubbles in the moment before federal police advanced on the crowd.
The scene of protesters dispersing and officers giving chase became the centerpiece of a Fox News broadcast on Sept. 4, the night before Trump said Portland’s protests had drawn his attention.
Our review showed that the force used against demonstrators had clearer provocation in initial protests. From the start of June to July 4, Portland police arrested 28 people, while federal prosecutors said they charged 22 with criminal offenses including arson and assault.
Abigail Jackson, a White House spokesperson, told ProPublica in a statement that the arson and assault charges show “this isn’t a peaceful protest that’s under control, like many on the Left have claimed, it’s radical violence.”
“President Trump is taking lawful action to protect federal law enforcement officers and address the out-of-control violence that local residents have complained about and Democrat leaders have failed to stop,” Jackson said.
But from July 5 through Sept. 4, the violence appeared to slow significantly. Portland police announced no arrests of protesters during this time, and federal prosecutors announced criminal charges against just three.
Only one was accused of a violent offense: felony assault for allegedly spitting in an officer’s face after an arrest for flying a drone around the building. The person pleaded guilty to a misdemeanor drone offense; the assault charge did not move forward. Another person’s misdemeanor charge, alleging failure to obey an officer, was also dropped. The case against the third person, another misdemeanor allegation of failing to obey, is proceeding.
In legal filings supporting the use of troops, federal officials described a handful of additional violent incidents from July 5 through Sept. 4. They said that protesters hit an officer with a stick on July 20, threw screws on the ICE facility’s driveway on July 24, pounded fists on vehicles on Aug. 9 and 11, threw rocks and a firework over the building’s fence on Aug. 16, injured two officers in an attack on Aug. 25 and provided directions online to an officer’s home on Aug. 28. No criminal charges were announced in these cases.
Source: Federal data represents criminal charges from news releases from the U.S. Attorney’s office. Portland police data shows arrests announced by the Portland Police Bureau. Note: Incidents shown by week.
During the roughly two months leading up to Trump’s Sept. 5 remarks, videos from more than 20 days or nights show federal officers firing on, grabbing, shoving, pepper-spraying, tackling or using other munitions on protesters. They deployed hissing cans of tear gas, sometimes sending clouds of the chemical irritant floating toward a nearby low-income apartment building.
No local arrests or federal criminal charges were announced on these days or nights, and only a handful of the dates corresponded with incidents of protester aggression asserted by federal authorities in their legal case for sending troops.
In most cases, videos from these events show masked federal officers using aggressive tactics that lack a clear reason.
On Aug. 13, an officer tackled a protester from behind. Rhein Amacher via Matthew Adams on X. Redaction in original video.
One federal officer runs and tackles an unsuspecting protester from behind on Aug. 13, causing what the man said in a legal filing was a head injury and concussion. The person was not charged with any crime.
In a clip from Sept. 6, the day after Trump’s remarks about Portland, a federal officer walking back into the ICE building turns, walks out of his way toward a protester and pushes the man so hard he falls to the ground and rolls over backward. The officer then continues inside the building.
On Sept. 6, an officer walked out of his way to push a protester so hard the person fell to the ground and rolled over. Rhein Amacher via X
Seth Stoughton, a law professor at the University of South Carolina who studies policing, reviewed videos from the protests at ProPublica’s request and said some of the federal officers’ uses of force looked “gratuitous.”
“Going out of your way to shove someone while you’re on the way back from arresting someone serves no purpose other than intimidation,” he said, “and intimidation is not a lawful government objective.”
A spokesperson for the Department of Homeland Security did not respond to emails requesting comment on its officers’ tactics.
Allegations of Protester Violence Subsided Over Time
There’s no doubt that the summertime protests were often confrontational, emotional and loud. Protesters, some dressed in black, often wore gas masks and shouted profanities at federal personnel. In June, some were also violent.
Five people faced arson charges after separate events on June 11 and 12 in which prosecutors said fires were set. One was in a trash can against the ICE building, while in another instance prosecutors said a protester used a flare to set fire to wood stacked against the front gate.
Videos from June 14 show a protester striking an officer in the head with a wooden stake that holds a protest sign. Another clip shows protesters using a stop sign as a battering ram on the front door of the ICE building.
On June 14, protesters rammed a stop sign into the ICE building’s front door. Throughout the month, protesters outside the facility were at times violent. Velly Ray via YouTube
Portland police declared a riot and made two arrests that day; federal prosecutors also said they charged three people with assault.
On June 24, a video shows someone waving a large knife at officers, being tased while running away and falling face first onto the sidewalk. Federal prosecutors filed charges against three people from that night’s protest: the person accused of wielding the knife, another accused of shining a laser pointer in an officer’s eye and one accused of hurling a gas canister back at officers, hitting one.
In addition, a Homeland Security news release from July 11 shows photos — without providing dates — of what the agency said were flyers posted in federal officers’ neighborhoods showing their names, images and addresses. The release said such information was also posted online.
Federal authorities have said protests led them to close the ICE building and work out of temporary office space from June 13 until July 7, after which the facility reopened. An analysis by Oregon Public Broadcasting found that immigration bookings continued, albeit at a slightly slower pace than average for Trump’s second term.
But violence initiated by protesters mostly subsided after July 4, based on charges or arrests announced by authorities and video reviewed by ProPublica.
The summer’s last criminal allegation of protester-on-officer violence — at least for anything other than spitting — came from a large Independence Day protest that led to federal criminal charges being filed against four people. They were individually accused of kicking an officer, throwing an incendiary device at officers, graffitiing the building and destroying fiber optic cables at the facility.
Evidence of protester violence for the rest of the summer is limited beyond the two misdemeanors and one felony charge announced by prosecutors.
In addition to the instances asserted by the government in court filings but not charged criminally, the FBI recently issued statistics that suggest dozens of people may have received citations. In the federal system, these are similar to traffic tickets and are generally issued for minor offenses. But when asked for details by ProPublica, the agency would not specify how many were issued or during what time frame.
Meanwhile, the use of force by federal officers continued.
Violence Without Violent Provocation
In most of the cases where videos captured police using crowd control tactics or other elements of force on protesters, there were neither announcements of criminal charges that followed nor allegations of protester violence made in the administration’s case for sending troops.
An official with the Federal Protective Service, which polices federal buildings, testified in court last week that federal officers use a loudspeaker to warn large groups to move. If they don’t, he said, officers physically move them.
Stoughton, the University of South Carolina law professor, said officers should use tear gas and other heavy chemical munitions sparingly when dispersing a crowd.
He added that many city police departments would be very hesitant to use these munitions “if it’s going to have this completely predictable environmental contamination on people who are utterly uninvolved with the protest.” In Portland, there’s an apartment building across the street from the ICE facility.
In addition, Stoughton said, police managing crowds ordinarily would first take time to engage people verbally, face to face, to try to get them to step aside.
“You typically don’t just want to jump right to higher levels of force,” Stoughton said, “because the point is to limit the potential for escalation.”
On two occasions shown on video, aggressive moves by officers appeared to be intended at least in part to allow them to seize protest symbols: a burned American flag that officers bagged and took indoors and the Sept. 1 display of a mock guillotine, an implement that 18th-century French revolutionaries used to decapitate royalty.
Video from the event captures someone playing a song by the Oakland hip-hop group The Coup with the chorus, “We got the guillotine, you better run.” An American flag can be seen burning at the guillotine’s base.
Stoughton said municipal police departments like those in Portland know they have to balance protesters’ First Amendment rights with public safety. “There is no more protected First Amendment interest than the ability to protest government action, to criticize the government,” he said.
A guillotine “can be purely symbolic,” he said. “That can be purely expressive.”
The Federal Protective Service incident commander that night, Will Turner, said in court that agents did not know the guillotine was a prop and thought it was real at the time. “We took it as an actual threat,” he said.
Objects like the guillotine or statements from protesters telling ICE agents to kill themselves appear to be protected speech, said Timothy Zick, a law professor at William & Mary Law School who studies public protest and the First Amendment, because they do not pose a true threat to officers.
It is “likely the sort of political hyperbole and heated rhetoric the Supreme Court has treated as protected speech,” Zick said. “The statements are likely to be considered part of a political protest.”
Notably, officers were sometimes able to clear crowds without aggressive tactics.
Footage on those occasions shows vehicles leaving the ICE compound without incident. Officers move out and onto the sidewalk, and protesters stay out of the way of the vehicles.
In one of those nonevents, as officers return to the ICE compound and the gates start to close, the thin crowd chants: “DHS — doesn’t have sex.”
A federal officer brings his hand to his mouth on the video.
He appears to blow a kiss.
What Happens Next
Trump’s order remains tied up in the courts.
Federal District Judge Karin Immergut blocked the deployment once, then again on Sunday, saying the Trump administration had “commandeered” the National Guard to quell protests that do not constitute a rebellion and had eased after a “high watermark of violence and unlawful activity” in June.
“The trial testimony produced no credible evidence of any significant damage to the ICE facility in the months before the President’s callout and no credible evidence that ICE was unable to execute immigration laws,” the judge wrote. “Protesters frequently blocked the driveway of the ICE building, but the evidence also showed that federal law enforcement officers were able to clear the driveway.”
Immergut said the deployment violated the 10th Amendment, which says that powers not given to the federal government by the Constitution are reserved to states. The judge said Trump “had no lawful basis to federalize these Oregon National Guardsmen.”
Earlier in the appeals process, two appellate judges who upheld Trump’s decision said protester violence from earlier in June was a relevant concern that must be considered in the case.
A panel of judges from the 9th Circuit is expected to hear arguments from both sides next.
On the morning of Jan. 7, Jesús Ramírez and other day laborers huddled in a Home Depot parking lot in Bakersfield, California, hoping for work.
Suddenly, they were surrounded by U.S. Homeland Security vehicles.
One agent demanded Ramírez show his papers. When he pulled out his wallet, the agent “snatched” it and took his ID without asking questions, Ramírez said.
“It was clear to me the agents did not know who I was,” Ramírez, 64, said in a court filing translated from Spanish. “They did not show me any document or have a warrant for me.”
He was among 78 people arrested during an immigration enforcement mission, “Operation Return to Sender,” carried out less than two weeks before Donald Trump returned to the White House.
Note the date: January 7. Trump had already been elected but was not yet in office. That would be the other person Bovino is willing to answer to, even if that person isn’t actually his boss at that point in time.
Bovino launched “Return to Sender,” the mission to California’s Central Valley earlier this year, without approval from the Biden administration, the Atlantic magazine reported.
[A] CalMatters investigation, in partnership with Evident and Bellingcat, found that Border Patrol officials misrepresented the very basics of their high-profile, large-scale immigration raid. Data obtained from U.S. Customs and Border Protection reveal that Border Patrol had no prior knowledge of criminal or immigration history for 77 of the 78 people arrested.
In a spreadsheet provided by the agency, under “Criminal History,” all but one entry contains the following passage: “Criminal and/or immigration history was not known prior to the encounter.”
Bovino is now in Chicago, far from the southern border he’s used to patrolling. But he’s still the same old Bovino — an asshat with a bad haircut who thinks no one can tell him what to do, not even federal court judges.
After plaintiffs secured a restraining order restricting the use of crowd control projectiles against people engaged in protected speech, Bovino immediately ensured the court order was violated. And he decided he should be the person to do it. The court order said tear gas couldn’t be used until after clear orders to disperse had been ignored. Bovino said fuck it and hurled tear gas into a peaceful crowd that had done nothing more than stand a few feet away from Bovino and other immigration enforcement officers.
That’s from the filing [PDF] submitted by the plaintiffs, asking Judge Sara Ellis to take note of this blatant violation of her court order. And if you don’t care for still photos, here’s a recording of Bovino violating the court order:
U.S. District Court Judge Sara Ellis ordered Border Patrol chief Greg Bovino, who has led a series of increasingly aggressive raids across Chicago and the suburbs, to appear in her courtroom in person at 10 a.m. Tuesday.
Ellis’ order came less than 24 hours after Bovino fired tear gas at a crowd during an aggressive raid in Little Village. Bovino accompanied agents on raids in Little Village Wednesday and Thursday.
But we’ll have to wait and see how this will play out. Bovino certainly acts like he’s above the law. Not only that, he states to journalists that he’s above the law. First, he insulted the judge. And then he basically said he’d continue to ignore court orders because they’re not the boss of him (paraphrasing). This is from the same filing that includes the screenshot of Bovino’s tear gas tossing:
[M]ultiple declarants and numerous video clips demonstrate that the crowd in Little Village was peaceful at the moment Defendant Bovino started the conflict by launching cannisters of tear gas into the assembled crowd, and that no warnings or dispersal orders were given before he did so.
[…]
Following the incident, Defendant Bovino was interviewed by a reporter. In that interview, Defendant Bovino appears uninjured. He says in response to questions words to the effect of, “Did Judge Ellis get hit in the head by a rock like I did this morning?” Defendant Bovino continues saying something like, “maybe she needs to see what that’s like before she gives an order like that.”
The filing notes Bovino does not appear to be injured. And the government hasn’t filed any declaration backing Bovino’s claims.
But that’s not all Bovino said during that interview. He literally stated he was not obligated to follow orders given by federal courts:
In that same interview discussed above, Defendant Bovino also stated, “I take my orders from the executive branch,” suggesting disdain for this Court’s authority to enjoin his unlawful conduct.
Asked whether firing from elevated positions or above the waist violates DHS policy, Bovino insisted, “It doesn’t matter where you fire from … that is a less lethal device for area saturation.” As for shots striking protesters above the waist, he said, “If someone strays into a pepper ball, then that’s on them. Don’t protest and don’t trespass.“
OK. That’s fucked up. This is a grown-ass man using a rhetorical device most famously deployed by two elementary school students in a cartoon. Worse, Bovino isn’t going to wait for people to “stray” into the line of his unlawful fire. He and his boys are going to instigate violence and reverse engineer justifications for their actions.
As the filing notes, the DHS claimed a “mob” surrounded officers and threw projectiles, including “commercial artillery shell fireworks.” The lawyers handling this case don’t mince words when responding to the government’s assertions:
The statement is a lie.
If Bovino bothers to show up in court, there will be plenty more of those. Given this inevitability, courts need to consider engaging in extreme measures to ensure compliance. The “presumption of regularity” no longer exists under Trump. The entire administration has demonstrated it believes it answers to no one — an internal rot that has infected everything it touches. In the past, people like Bovino would be considered aberrations: rogue officials in need of a good firing. These days, Bovino is the rule, rather than the exception. And this nation’s courts need to respond to this “new normal” accordingly.
