The Biden Administration's Immigration Double Talk

Hundreds of people at an immigration facility in New Jersey protested spoiled food, medical neglect, and other inhumane conditions. They were joined by people detained in horrific conditions across the country.

SAN FRANCISCO, CA – The MacArthur Justice Center, the American Civil Liberties Union (ACLU), and the ACLU Foundation of Northern California (ACLU NorCal) filed a FOIA lawsuit against U.S. Department of Homeland Security, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services to demand the disclosure of policies and documents relating to their practices of targeting and retaliating against people who film federal agents in public. “People in a democracy have the right to document what armed federal agents are doing on the streets of their cities, and to share that video without fear of arrest or retribution,” said Jonathan Manes, senior counsel at the MacArthur Justice Center. "Video of police misconduct has been a core part of American political life since at least the civil rights era, when images of police brutalizing peaceful protestors shocked the nation’s conscience. The federal Government has adopted widespread practices that appear designed to stifle this kind of free speech. The public has a right to know the nature and extent of DHS’s effort to target people who dare to film its agents deployed on our streets.” Federal courts have repeatedly affirmed the right to film law enforcement in public and to disseminate the footage. But a startling pattern of retaliation against people exercising that right has emerged: federal agents have threatened and harassed individuals engaged in recording and publishing videos of immigration agents conducting their work in public; surveilled them; and even detained and arrested them. DHS has also issued administrative subpoenas to third-party tech companies like Google and Reddit demanding access to private information about people who record and publish video footage of ICE agents. Despite DHS’s clear pattern of abuse, there is a basic lack of transparency about the DHS policies, directives, and legal interpretations that have enabled this widespread practice. The public is also in the dark about how frequently DHS has used its arrest and subpoena authorities to target people who film agents. “It’s often been said that sunlight is the best disinfectant,” said Byul Yoon, legal fellow with the Speech, Privacy, and Technology Project at the ACLU. “Recording federal agents allows the people to hold the government accountable for abuses of power and misconduct, and the First Amendment guarantees our ability to do so. The pattern of retaliation, as well as the secrecy around the government’s policies, is deeply alarming: a government that fears a phone camera, or a FOIA request, is one that has something to hide. Our democracy deserves better.” In November 2025, the ACLU and ACLU NorCal submitted a FOIA request to DHS, CBP, ICE, and USCIS for access to public records that would answer these and related questions, including policies, legal memos, and training materials. Over six months later, the government has not released a single document in response or explained why any of the materials are properly kept secret. This flouts the Freedom of Information Act (FOIA), which exists to guarantee prompt public access to information about what the government is doing. The lawsuit can be viewed here.

WASHINGTON – The House passed a reconciliation bill today that would provide an additional $70 billion in taxpayer funds for Immigration and Customs Enforcement (ICE) and Border Patrol without any meaningful reforms to limit violent and abusive tactics by federal agents. The vote comes just days after the Senate voted to pass the bill and after a months-long standoff between members of Congress over whether to include reforms in any bill to fund ICE and Border Patrol, prompting Republicans in Congress to bypass normal procedures and use an obscure hyper partisan process called reconciliation. During that time, more than half a million people joined the ACLU in urging their members of Congress to reject any blank checks for ICE and Border Patrol’s lawlessness. In response to this news, Kate Voigt, senior policy counsel at the American Civil Liberties Union, had the following reaction: “It is unconscionable that the House would vote to write yet another blank check for ICE and Border Patrol’s campaign of chaos without any reforms. Over the past several months we’ve seen these abusive agencies kill our neighbors, harass and racially profile people, and tear thousands of families apart. “Once again, the House has shown that it is more committed to standing in President Trump’s good graces than fighting for the needs of the constituents they were elected to represent. The ACLU – and the more than half a million supporters who wrote their members of Congress to demand they reject this bill – will not forget how our members of Congress chose to abandon that responsibility.”

WASHINGTON – The Senate passed a reconciliation bill today that would provide an additional $70 billion in taxpayer funds for Immigration and Customs Enforcement (ICE) and Border Patrol without any meaningful reforms to limit violent and abusive tactics by federal agents. The vote comes after a months-long standoff between members of Congress over funding for the Department of Homeland Security (DHS), prompting Republicans in Congress to bypass normal Congressional procedures and use an obscure hyper partisan process called reconciliation. In July 2025, Congress also used the reconciliation process to give DHS over $170 billion in immigration enforcement funding – $150 billion of which remains unused, according to a recent analysis. In response to this news, Kate Voigt, senior policy counsel at the American Civil Liberties Union, had the following reaction: “Once again, President Trump’s allies in Congress are bypassing normal Congressional procedures to strong-arm billions more in taxpayer dollars to fuel ICE and Border Patrol’s assault on our communities. Instead of passing commonsense reforms to rein in ICE abuses or funding programs that would actually help American families, the Senate is choosing to add $70 billion to ICE and Border Patrol’s already bloated budget. “Make no mistake: a vote in favor of more ICE and Border Patrol funding is a vote to prioritize President Trump’s cruel mass deportation agenda. We now call on our House Representatives to hold the line and say no to any more funding for these abusive agencies that have killed and attacked our neighbors, demanded people show their papers based on the color of their skin, and tear thousands of families apart. The safety of our communities and our freedom depend on it.”