Common Cause Sues DHS, DOJ and FBI Alleging Nationwide Intimidation of ICE Enforcement Observers

Common Cause filed a 94-page federal lawsuit on September 10, 2026 in Washington, D.C. accusing DHS, the Justice Department, the FBI and other federal agencies of violating the First Amendment and privacy rights of people who peacefully observe ICE enforcement operations, seeking a nationwide order barring the agencies from intimidating or retaliating against observers. The complaint, drawing on declarations from seven Common Cause members in Maryland, Minnesota and New Jersey plus prior cases from Illinois, Maine and Tennessee, alleges ICE officers directed local police to bar a member from a public parking lot outside a Maryland ICE facility after running his face through a facial-recognition database; that Maine activists were told they could end up in a domestic-terrorism database or watchlist; that a California activist who tracks ICE on Instagram received an administrative subpoena seeking his identity; and that one observer, queried by law enforcement 55 times since March 2026, had his Global Entry membership revoked a day after ICE officers photographed him and told him to stop following them. DHS said in a statement that 'ICE respects the First Amendment rights of individuals to observe and express themselves' but will act if activity 'interferes with or obstructs' operations; DOJ did not respond and the FBI declined to comment.