Leaked DOJ Memo Would Treat Filming Immigration Raids as Domestic Terrorism, Sources Say
A leaked Justice Department memo suggests federal prosecutors could pursue “domestic terrorism” charges against people who record immigration enforcement actions, deepening conflict over civil liberties and law enforcement transparency.
The memo, first reported by Reason and other outlets, appears to direct DOJ attorneys to treat recording certain immigration operations and related conduct such as doxing law enforcement personnel, as conduct that may rise to the level of domestic terrorism. This move could put journalists and private citizens who film immigration raids at legal risk and raise fresh First Amendment concerns.
Confirmed reporting shows the memo, circulated internally in early December, encourages prosecutors to consider organized “doxing of law enforcement” and similar activities as part of domestic terrorism investigations. Meanwhile, the Department of Homeland Security has separately suggested that recording or following federal law enforcement officers “sure sounds like obstruction of justice,” according to recent coverage. Critics say that framing recording as potentially criminal activity could chill lawful observation of public operations.
Legal experts note that domestic terrorism charges carry severe penalties, and applying them to the act of filming government agents would mark a significant expansion of prosecutorial power. It remains unclear how many, if any cases, would be prosecuted under these guidelines.
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“It’s fundamentally protected speech to document government action in public,” said a civil liberties attorney familiar with the issue.
The memo comes amid broader DOJ efforts to compile lists of groups and conduct the department considers domestic terrorism, part of an effort by Attorney General Pam Bondi and authority rooted in a 2025 National Security Presidential Memorandum. This development raises questions about how far federal prosecutors will go in applying domestic terrorism statutes.
Why this matters…
Civil liberties advocates say courts will ultimately be key arbiters of any such prosecutions, and they expect legal challenges if charges are brought in these contexts.
What to expect next?
News organizations and advocacy groups are watching closely for official DOJ statements or examples of enforcement.
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