Mainers Sue DHS After ICE Agents Allegedly Threatened 'Domestic Terrorist' Label

Got story updates? Submit your updates here. ›

Two Portland residents, Elinor Hilton and Colleen Fagen, have filed a lawsuit against the Department of Homeland Security and its subagencies, alleging that ICE agents threatened to label them 'domestic terrorists' for filming the agency's enforcement actions in Maine. The lawsuit claims the federal government violated the women's First Amendment rights and retaliated against them for participating in constitutionally protected activities.

Why it matters

This case highlights growing concerns about federal agencies allegedly targeting and intimidating residents who attempt to document immigration enforcement actions in their communities. The lawsuit raises questions about the government's treatment of citizens exercising their free speech rights and the potential misuse of 'domestic terrorism' designations.

The details

According to the lawsuit, Fagen recorded ICE agents detaining a woman and then confronted agents a second time, at which point an agent told her 'now you're considered a domestic terrorist, so have fun with that.' Hilton also says an agent told her that if she continued to observe and film ICE activity, she would be placed on a 'domestic terrorist watchlist.' The lawsuit alleges the agents' actions and statements were intended to intimidate the women and violate their First Amendment rights.

• On January 21, Hilton drove to a Home Depot in South Portland and began filming DHS agents detaining a person.
• Last month, Fagen recorded ICE agents detaining a woman and then confronted agents a second time, at which point an agent threatened her with a 'domestic terrorist' label.

What’s next

The lawsuit asks a judge to allow it to proceed as a class action lawsuit, declare the agencies' actions violated the First Amendment, and bar any future retaliation against the class action members.