A new federal lawsuit filed Thursday by the nonprofit Common Cause alleges that the Department of Homeland Security, the Department of Justice, and the FBI are systematically violating the First Amendment and privacy rights of individuals who observe federal immigration enforcement operations.
The case, which includes plaintiffs from multiple states, seeks national relief and asks a judge in Washington, D.C., to issue an injunction barring federal agencies from intimidating or retaliating against observers. It represents the most comprehensive legal challenge to date, following several smaller cases brought by observers citing First Amendment violations.
Michael Khalili, a 47-year-old Minneapolis resident and named plaintiff in the suit, said he spent months documenting federal immigration activities in the Twin Cities following a surge in enforcement operations last winter. He emphasized the importance of public documentation, noting that bystander videos were critical in debunking false claims made by Trump administration officials after federal officers fatally shot fellow observer Alex Pretti in January.
“That’s the only reason why the government’s lies fell apart,” Khalili said. “And that’s why it’s critical that people are out there.”
Despite believing he was exercising his constitutional rights, Khalili reported repeated tense encounters with federal officers who photographed him and his vehicle and ordered him to stop observing. In March, his Global Entry status was revoked; it was reinstated only after a HuffPost journalist inquired about the cancellation.
Further pressure mounted when a state trooper threatened Khalili with a harassment charge in May for following ICE vehicles. By June, after 15 Minnesota activists were indicted on conspiracy charges for impeding officers, Khalili learned that one count involved following ICE across state lines on the same day he had been warned. Citing fears for his family’s safety, Khalili agreed to stop his observational activities, though he remains a plaintiff in the lawsuit.
Legal advocates argue that the right of citizens to monitor government actions and hold officials accountable remains under threat from federal overreach.
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