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Your Questions Answered: Filming ICE Interactions Safely

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Despite government attacks against protesters and the press, documenting interactions with law enforcement and federal agents is protected by the First Amendment. 桃子视频experts break down what you need to know.
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Byul Yoon,
She/Hers,
Skadden Fellow,
桃子视频Speech, Privacy, and Technology Project
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March 3, 2026

Across the country, brave people are out in the streets observing and recording immigration enforcement interactions to support people who are being targeted and to hold the government accountable for its abuses.

The First Amendment protects your right to take photos and videos of anything in public view, including law enforcement officers at work 鈥 however that doesn't mean that officers will always respect those rights. Recently, we've seen federal agents repeatedly violate Minnesota residents' rights and use excessive force, including in the now infamous killings of Renee Good and Alex Pretti.

For months, the Trump administration has encouraged federal agents to commit horrifying abuses claiming they have impunity. And those killings are the devastating consequences of these reckless and abusive operations. It鈥檚 up to all of us to fight back by documenting what is happening in our communities so that we can push for accountability.

As part of our 鈥淵our Questions Answered鈥 series, we鈥檝e compiled a list of commonly asked questions about recording ICE interactions. We also have a detailed Know Your Rights resource for those who would like to dive deeper.

Is it legal to film ICE agents?

Yes. The First Amendment protects your right to film ICE in public, and you cannot be punished for that alone. If you are in a public place, you have the right to record ICE and other agents, as long as you don鈥檛 interfere with or obstruct their operations, or break another valid law while you鈥檙e filming. If you are on private property, owners can set their own rules about photography and filming.

The First Amendment also equally protects both professional members of the press and regular people鈥檚 right to record immigration and law enforcement in public.

Do we have to give ICE our phones if they demand them? Can they delete my recording?

If you are not under arrest, then you do not have to give a government agent your phone unless they have a warrant signed by a judge. If you are arrested, then they can lawfully take your phone, but they still need a warrant to look through it. Under no circumstances can the government delete your recordings or other data.

If someone does get wrongfully arrested while recording, what should they immediately do?

You should do the same as you would under any arrest: exercise your right to remain silent and your right to speak with a lawyer. You have these rights regardless of your citizenship status. Take mental notes about what happened and if there were any witnesses, so you can tell a lawyer if you think you were unlawfully arrested.

Is filming obstruction of justice?

Filming law enforcement in public on its own is not obstruction of justice and is protected by the First Amendment. Department of Homeland Security (DHS) Secretary Kristi Noem said in July that 鈥渧ideotaping [ICE agents] where they鈥檙e at when they鈥檙e out on operation鈥 is violence, but that doesn鈥檛 make it true. To be guilty of obstruction, you would have to take some action that actually interferes with or obstructs the government鈥檚 operation 鈥 not just standing nearby with your camera.

What do our rights matter if ICE doesn鈥檛 care?

The government doesn鈥檛 get to decide whether our rights matter or not 鈥 we, the people, do. From Los Angeles to Minneapolis, brave people are fighting back against these attacks, both in the courts and in the streets. Courts have rejected brutal DHS tactics against journalists and observers in and , and more than a hundred Minnesotans recently filed declarations bravely describing their treatment at the hands of federal agents in order to protect the First Amendment rights of themselves and their neighbors.

By refusing to give up and normalize authoritarian tactics, we are holding an important line and keeping hope alive. When we exercise our right to organize, mobilize, and hold powerful actors accountable, we can build a better country where all people live in freedom, dignity, and safety.

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