Overview
- The lawsuit, filed Feb. 23 in U.S. District Court in Portland by Protect Democracy on behalf of Mainers Colleen Fagan and Elinor Hilton, seeks class-action status and alleges unconstitutional retaliation against people recording immigration operations.
- Plaintiffs say agents scanned faces and license plates, told observers they would be placed on a “domestic terrorist watchlist,” and in one case warned, “Then we’re going to come to your house later tonight,” according to the complaint.
- Court filings cite field use of facial recognition and data tools including Mobile Fortify (alleged more than 100,000 uses by Jan. 2026), Mobile Companion, ICE’s Clearview AI contract, and access to ALPR networks such as Flock to identify, track, and locate observers.
- The suit seeks a permanent injunction barring data collection and retaliation against observers and asks the court to order expungement of biometric and other personal records; defendants named include DHS, Secretary Kristi Noem, ICE Director Todd Lyons, HSI Director John Condon, and CBP Commissioner Rodney Scott.
- DHS responded that it does not operate a database of “domestic terrorists,” with Assistant Secretary Tricia McLaughlin saying the agency investigates threats and obstruction, as the case ties local Maine incidents to a broader pattern during January’s “Operation Catch of the Day.”