Prosecutors Charge Texas Protesters with Terrorism for Wearing All-Black Clothing

Authorities claim nine defendants are part of an 'Antifa cell' despite lack of evidence

Mar. 16, 2026 at 12:36am

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Prosecutors in Texas are attempting to criminalize the wearing of all-black clothing by protesters, claiming it is evidence that they are part of an 'Antifa terrorist cell' accused of attacking an ICE detention facility. The nine defendants face a slew of charges, including material support for terrorism, despite a lack of clear evidence tying them to the alleged shooter or proving they intended violence.

Why it matters

This case highlights the concerning trend of authorities using vague 'Antifa' associations and clothing choices to criminalize lawful protest and dissent. It raises questions about the government's ability to label groups as 'terrorist organizations' without clear evidence, and the implications for civil liberties and the right to peacefully assemble.

The details

The nine defendants - Daniel Estrada, Ines Soto, Elizabeth Soto, Maricela Rueda, Bradford Morris, Savanna Batten, Benjamin Song, Zachary Evetts, and Cameron Arnold - are accused of setting off fireworks, vandalizing buildings and federal vehicles, and one defendant, Benjamin Song, allegedly opening fire on agents during a protest outside a Texas ICE detention facility in July 2025. Prosecutors are attempting to hold all nine responsible for Song's actions, claiming the protest was an 'ambush' orchestrated by an 'Antifa cell.' Defense attorneys argue there was no ambush and the protesters intended a 'peaceful noise protest' to support immigration detainees. Prosecutors have cited the defendants' all-black clothing and possession of items like radios and first aid kits as evidence of their alleged terrorist ties, despite a lack of clear proof they identify with Antifa.

  • The protest and alleged attack occurred on July 4, 2025.
  • Song allegedly hid in the woods for a night after the incident and was captured about a week later.

The players

Benjamin Song

One of the nine defendants, accused of opening fire on agents during the protest.

Shawn Smith

Assistant U.S. Attorney prosecuting the case.

Elizabeth Soto

One of the defendants, represented by a defense attorney who argued the government is trying to criminalize protesters as 'terrorists.'

Donald Trump

The former president who vowed to label Antifa a 'major terrorist organization,' despite federal authorities stating Antifa is not an actual group or organization.

Christopher Wray

Former FBI Director appointed by Trump, who testified in 2020 that Antifa is 'not a group or an organization,' but 'a movement or an ideology.'

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What they’re saying

“Why hide yourself? Why are you bringing weapons? There was no evidence of counter-protesters. Rifles, pistols, radios, first aid kits – why do you bring that stuff to a peaceful protest?”

— Shawn Smith, Assistant U.S. Attorney

“The government is trying to put protestors in prison for being terrorists, something that hasn't happened before.”

— Elizabeth Soto's defense attorney

What’s next

The jury is still deliberating in the case against the nine defendants.

The takeaway

This case highlights the concerning trend of authorities using vague 'Antifa' associations and clothing choices to criminalize lawful protest and dissent, raising questions about the government's ability to label groups as 'terrorist organizations' without clear evidence and the implications for civil liberties.