Lawsuit Seeks Answers on Tracking of ICE Observers

Hilton v. Noem et al. aims to reveal whether and how ICE observers are being monitored, but the government is providing few clear answers.

Apr. 11, 2026 at 11:00am

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A moody, atmospheric painting in the style of Edward Hopper, depicting a lone figure standing in the shadows of a government building, the warm sunlight casting dramatic shadows across the scene and creating a sense of unease and isolation.The unsettling uncertainty surrounding government surveillance of citizens exercising their First Amendment rights casts a long shadow over the public's trust in its institutions.Portland Today

Elinor Hilton, a 23-year-old Portland, Maine resident, was threatened by federal agents and told she was being put on a 'watch list' after observing and filming an ICE operation. Hilton and another observer, Colleen Fagan, have filed a class-action lawsuit, Hilton v. Noem et al., alleging their constitutional rights were violated. However, the government has been evasive about whether and how it is monitoring citizens who observe and record its activities, leaving Hilton and others uncertain about the extent of government surveillance.

Why it matters

This case highlights concerns about the government's treatment of citizens who exercise their First Amendment rights to observe and record law enforcement actions. If the government is indeed monitoring and retaliating against such observers, it could have a chilling effect on civic engagement and the public's ability to hold the government accountable. The lack of transparency from the government also raises broader questions about the balance between national security and civil liberties.

The details

In January 2026, Hilton decided to observe and film an ICE operation in a Home Depot parking lot in Portland. She was confronted by several masked federal agents, one of whom told her she was being put on a 'watch list.' Hilton and another observer, Colleen Fagan, have since filed a class-action lawsuit alleging their constitutional rights were violated when the government collected their data, retained it, and threatened to use it against them. However, in court, government lawyers have claimed ignorance about where Hilton's data is stored and how it may be used, leaving Hilton and others uncertain about the extent of government surveillance.

  • On January 21, 2026, Hilton observed and filmed an ICE operation in a Home Depot parking lot in Portland, Maine.
  • In March 2026, Hilton and Colleen Fagan appeared in court as plaintiffs in the class-action lawsuit Hilton v. Noem et al.

The players

Elinor Hilton

A 23-year-old Portland, Maine resident who observed and filmed an ICE operation, and is a plaintiff in the class-action lawsuit Hilton v. Noem et al.

Colleen Fagan

An observer at a different Portland-area location who is also a plaintiff in the class-action lawsuit Hilton v. Noem et al.

Protect Democracy

A nonprofit group that is representing Hilton and Fagan in the class-action lawsuit.

Kirsti Noem

The former cabinet member who is a defendant in the Hilton v. Noem et al. lawsuit.

Markwayne Mullin

The new Department of Homeland Security leader who has promised a different approach than his predecessor.

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What’s next

The Hilton v. Noem et al. lawsuit will proceed to discovery, where Hilton's lawyers will have the opportunity to uncover more details about the government's policies and actions regarding monitoring of citizens who observe and record law enforcement activities.

The takeaway

This case highlights the broader issue of government transparency and the public's right to know what their government is doing, especially when it comes to monitoring citizens who are exercising their constitutional rights. The lack of clear answers from the government is concerning and raises questions about the balance between national security and civil liberties.