DHS Agents Called ICE Observers "Domestic Terrorists" and Scanned Their Faces

Class action lawsuit alleges federal agents used facial recognition to identify observers and threatened to add them to watchlists.

TL;DR:

  • Class action lawsuit filed February 23 in Maine federal court by Protect Democracy
  • DHS agents scanned observers' faces and told them they were "domestic terrorists" for filming ICE operations
  • Viral video captures agent saying: "We have a nice little database. And now you're considered a domestic terrorist."
  • Lawsuit seeks to stop biometric collection and expunge existing records
  • DHS denies operating any "domestic terrorist" database

"You're Considered a Domestic Terrorist"

Colleen Fagan was filming federal agents during an immigration enforcement operation in Portland, Maine last month when a masked agent walked up to her.

The agent scanned her face with a smartphone. Then he told her: "Cause we have a nice little database. And now you're considered a domestic terrorist, so have fun with that." [1]

The video went viral. On February 23, Fagan and fellow observer Elinor Hilton filed a federal class action lawsuit against the Department of Homeland Security, alleging that agents are unconstitutionally retaliating against Americans who lawfully record ICE operations.

The lawsuit, filed by legal nonprofit Protect Democracy along with law firms Dunn Isaacson Rhee and Drummond Woodsum, names DHS, CBP, and ICE as defendants. It asks the court to stop the agencies from collecting biometric data on observers and to expunge any records already gathered. [2]

Face Scans, Plates, and a "Nice Little Database"

According to the complaint, DHS has been using facial recognition and license plate readers to identify people who watch immigration enforcement operations. Since May 2025, agents have deployed Mobile Fortify (a facial recognition app that accesses roughly 200 million images in government databases) to identify observers on the spot. [3]

The complaint details two incidents:

January 21: Elinor Hilton was at a Home Depot in South Portland when she observed ICE activity. An agent told her: "I hope you know that if you keep coming to things like this, you are going to be on a domestic terrorist watchlist." Another agent confirmed: "Oh, absolutely." [4]

February 2026: Colleen Fagan recorded ICE enforcement at a Westbrook Street apartment complex during what officials called "Operation Catch of the Day." Agents scanned her face with a smartphone and recorded her license plate. When she asked why, one agent gave the now-viral answer about the "nice little database." [1]

Hilton was so rattled by the encounter that she avoided her home overnight, fearing agents would show up there. [4]

A Pattern From Minnesota to Maine

The Maine lawsuit follows similar legal action in Minnesota, where ICE's use of facial recognition against observers has been documented since January. In that case, a federal judge ordered agents to stop retaliating against peaceful observers, but the surveillance infrastructure kept running. [5]

The tactics are consistent: face scans, license plate recording, threats of arrest or watchlist inclusion, and visits to observers' homes. The same Mobile Fortify app. The same playbook.

The Maine complaint also mentions Erin Cavallaro, a Westbrook school committee member who followed an ICE vehicle. Agents reportedly tracked her home location afterward. [4]

DHS Says: No Such Database Exists

DHS pushed back on the allegations. In a statement to NPR, the agency said: "There is NO database of 'domestic terrorists' run by DHS." The acting director of ICE added that there is "no database that's tracking United States citizens." [1]

The denial is technically narrow. DHS doesn't need a database specifically labeled "domestic terrorists" to use facial recognition to identify observers, add their information to existing databases, and use that data for future targeting.

That's exactly what the lawsuit alleges is happening, regardless of what DHS calls the database.

What the Lawsuit Seeks

The complaint asks the court to:

  • Declare that DHS's surveillance of observers violates the First Amendment
  • Certify the case as a class action covering other Maine observers
  • Issue an injunction stopping DHS from collecting records on people exercising their constitutional rights
  • Order DHS to stop threatening, harassing, and retaliating against observers
  • Expunge any records already collected on class members

The Chilling Effect

The lawsuit frames this as a classic First Amendment chilling effect. As the complaint puts it: "Plaintiffs must either abandon their constitutional rights or accept being cataloged and branded as 'domestic terrorists.'" [2]

When federal agents can instantly identify anyone who watches them work, and threaten to add them to watchlists, that's not just surveillance. It's punishment for civic participation.

Observing and recording law enforcement is protected activity. Courts have repeatedly affirmed that. But protection on paper doesn't help when an agent is scanning your face and telling you you're now in the system.

What to Know If You Observe ICE Operations

Your rights haven't changed, but the risks have:

  • Filming is legal. You can record federal agents in public spaces. First Amendment, full stop.
  • Your face may be scanned. Mobile Fortify and similar apps let agents identify you on the spot.
  • Your plates may be recorded. Agents have been documented running plates and showing up at observers' homes.
  • Cover up if you can. Masks, sunglasses, and hats reduce facial recognition accuracy.
  • Document everything. If agents threaten you with watchlists or retaliation, record it. That video from Maine is why this lawsuit exists.
  • Contact civil rights attorneys. If you've been threatened or had travel privileges revoked for observing, organizations like the ACLU and Protect Democracy want to hear from you.

Sources

Published: February 24, 2026