Your Questions Answered: Filming ICE Interactions Safely

The ACLU on Mar 30, 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; 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's 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 "Your Questions Answered" series, we've compiled a list of commonly asked questions about recording Immigrations and Customs Inforcement 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't interfere with or obstruct their operations or break another valid law while you're 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's 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 Secretary Kristi Noem said in July that "videotaping (ICE agents) where they're at when they're out on operation" is violence, but that doesn't make it true. To be guilty of obstruction, you would have to take some action that actually interferes with or obstructs the government's operation -- not just standing nearby with your camera.

What do our rights matter if ICE doesn't care?

The government doesn't get to decide whether our rights matter or not -- 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 Los Angeles and Portland, 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.

Byul Yoon is a Skadden fellow at the ACLU Speech, Privacy and Technology Project. For more than 100 years, the ACLU has worked in courts, legislatures and communities to protect the constitutional rights of all people. With a nationwide network of offices and millions of members and supporters, the ACLU takes on the toughest civil liberties fights in pursuit of liberty and justice for all. To find out more about the ACLU and read features by other Creators Syndicate writers and cartoonists, visit the Creators website at www.creators.com.