Lawsuit Alleges DHS Used Surveillance to Retaliate Against Observers

The Electronic Privacy Information Center and three legal observers have sued the Department of Homeland Security in federal court in Southern California, alleging the agency tracked people documenting immigration enforcement and retaliated against them. The complaint alleges DHS used facial recognition, license plate data, body cameras and agency databases to identify observers, then revoked Trusted Traveler benefits including Global Entry and TSA PreCheck. DHS and Customs and Border Protection deny that membership decisions are based on First Amendment activity, citing eligibility, criminal, customs, immigration and risk-related grounds. The case could test limits on federal collection and retention of records connected to protected observation and protest activity.