The Intercept sued the Department of Homeland Security after the agency refused to release Freedom of Information Act documents tied to an alleged secret database targeting people who protest immigration enforcement. Filed in federal court in New York, the com
On January 23, 2026, a federal agent is shown on video recording a protester while telling her she was being documented because “we have a nice little database, and now you’re considered a domestic terrorist.”
The Intercept is now asking a federal judge to force the Department of Homeland Security to turn over documents that would shed light on what it describes as an unlawful database used to stifle protest and punish people for exercising their First Amendment rights.
In a complaint filed in U.S. District Court for the Southern District of New York today. The Intercept challenged DHS’s refusal to release public records requested through the Freedom of Information Act. The suit asks the court to compel the government to provide documents tied to increased surveillance and travel restrictions for protesters. The Intercept is represented by Democracy Forward.
“It’s not illegal to monitor the activity of immigration agents inside your community,” Ben Muessig, editor-in-chief of The Intercept, said. “What is illegal is the U.S. government’s secret list of activists — and its refusal to turn over information about that database to the American public.”
The complaint points to a wave of civilian protest and documentation that has followed sweeping immigration enforcement actions by DHS and its component agencies. including Immigration and Customs Enforcement and Customs and Border Protection. in recent months. In cities and towns across the United States. protesters and onlookers have posted photos and video. reported encounters. and shared details online. including license plates and hotel check-in information.
The Intercept’s filing says those posts and reports suggest the government may have used that information to create a database of lawful protesters. It also argues there are signs DHS may have used its authority over traveler programs to retaliate against protesters.
One example described in the lawsuit centers on what was captured in Minnesota. where a court hearing involving immigration enforcement actions reportedly included an exhibit of a federal agent saying. “Well. this person is gonna have a hard time traveling from now on” after taking a photo of an ICE observer’s license plate.
The complaint also cites a separate court case in which a civilian observing ICE submitted a declaration stating that her TSA PreCheck and Global Entry statuses were revoked three days after an encounter with immigration enforcement officials.
The lawsuit further points to what it says has been a pattern of disruptions affecting people linked to activism. It says at least one prominent supporter of transgender rights has reportedly had her Global Entry access and U.S. passport canceled in the past few months.
The Intercept says it sought records to verify and understand those reports earlier this year, filing Freedom of Information Act requests aimed at uncovering information about DHS efforts to increase surveillance of protesters and unlawful retaliation against people exercising their rights.
DHS acknowledged receipt of the requests but, according to the complaint, did not produce the requested public documents “as required by law.”
Skye Perryman. president and CEO of Democracy Forward. said the government cannot pick and choose what to disclose when its actions affect constitutionally protected activity. “The government is not allowed to selectively hide information about its actions that impact protected First Amendment activity,” Perryman said. “The surveillance and retaliation being reported would be egregious violations of core constitutional principles. and we are honored to represent a storied news organization as it fights to demand the public have access to the information we need to protect our democracy.”.
The case is The Intercept v. DHS et al. The legal team at Democracy Forward working on it includes Amy Vickery, Daniel McGrath, Ron Fein, and Robin Thurston.
The Intercept DHS Freedom of Information Act FOIA anti-protester database immigration enforcement ICE Customs and Border Protection First Amendment travel restrictions TSA PreCheck Global Entry Southern District of New York Democracy Forward