How to Film ICE & CBP Agents Legally and Safely [2025]

Introduction: The Right to Record and the Reality of Risk

In January 2026, two Americans were killed while documenting Immigration and Customs Enforcement operations. Renee Nicole Good was serving as a legal observer while her wife recorded federal agents. Alex Pretti held his phone to film. Both paid the ultimate price for exercising what should be a straightforward constitutional right: recording government agents in public spaces. According to The New York Times, this tragic event highlighted the risks associated with documenting federal operations.

Yet here's the paradox that defines this moment in American civil rights. Video documentation of that tragedy from multiple angles didn't just capture what happened—it exposed the lies. While federal officials spun their narrative, the footage contradicted them in real time. Multiple phones, multiple witnesses, multiple perspectives meant accountability became unavoidable. This is why recording ICE and Customs and Border Protection operations matters, even as the risk has escalated dramatically. The BBC reports that the First Amendment protects your right to film law enforcement in public. No warrant is required. No permission is necessary. Yet the Trump administration has worked aggressively to criminalize this activity, with Department of Homeland Security officials claiming that documenting federal agents constitutes "doxing" and federal felonies.

The truth is more complicated and more important than official rhetoric suggests. Yes, filming ICE agents is legal. Yes, it's dangerous. And yes, it remains one of the most powerful tools for exposing abuse, challenging false narratives, and forcing accountability when systems fail. This guide walks you through what you need to know about documenting immigration enforcement operations: your legal rights, practical security measures, technical considerations, and strategies that have proven effective for activists, journalists, and legal observers. The goal isn't to eliminate risk—that may be impossible right now. The goal is to minimize it while maximizing impact.

TL; DR

• Recording is legal: The First Amendment protects your right to film government agents conducting operations in public spaces, but federal agencies continue to misrepresent this in official statements.
• The threat is real: Immigration enforcement operations have become increasingly aggressive, and federal agents have targeted people for the act of recording, as noted by Fox 9.
• Device security matters: Use burner phones, disable biometrics, encrypt sensitive data, and understand that federal agencies have extensive surveillance capabilities, as highlighted by PBS NewsHour.
• Filming technique counts: Film continuously from start to finish in horizontal format, include 360-degree pans to establish context, and capture identifying details of agents.
• Safety planning is essential: Establish legal support before an operation, communicate with other documenters, understand your rights during encounters, and never consent to device searches.

Using a burner phone and compartmentalizing data are highly effective security measures. Estimated data.

Understanding Your First Amendment Rights

The right to record government employees in public spaces is well-established constitutional law. It's not a recent innovation or legal gray area. Federal courts across the country have affirmed for decades that citizens have a First Amendment right to document law enforcement conducting official business in public. This protection extends to ICE and Customs and Border Protection agents just as it extends to local police. The Ithaca Journal provides a comprehensive overview of these rights.

The operative principle is straightforward: when government officials act in public, they do so in front of a watching public. That public includes people with cameras and phones. The act of observation and documentation doesn't create privacy rights that override the public nature of the activity. Yet federal agencies have deliberately muddied these waters. In July 2024, Department of Homeland Security Secretary Kristi Noem claimed that documenting federal agents "is doxing them. It is videotaping them where they're at." DHS spokesperson Tricia Mc Laughlin went further, telling media outlets that "videoing our officers in an effort to dox them and reveal their identities is a federal crime and a felony."

This is false. It's also deeply ironic, because federal agents regularly identify themselves through official channels, wear identifying credentials, and operate under agency authority. If anyone is identifying federal agents, it's the agents themselves by conducting operations in public. Video documentation simply creates a record of what already happened in the public sphere. Trevor Timm, cofounder and executive director of the Freedom of the Press Foundation, puts the larger context clearly: "Video documentation has become essential for exposing abuse and challenging official narratives. People absolutely have the right to document federal agents. But we're seeing an unprecedented effort to intimidate documenters and make them afraid to exercise that right."

The gap between legal reality and official rhetoric matters. Federal agencies are attempting to create a chilling effect, making people self-censor and abandon their constitutional rights out of fear of prosecution. Understanding that your right to record is protected by the First Amendment is the first step toward exercising it safely.

Federal Law and Your Recording Rights

Multiple federal circuits have explicitly addressed the right to record law enforcement. The Second Circuit Court of Appeals in New York, the Fourth Circuit in Virginia and the Carolinas, the Fifth Circuit covering Texas and Louisiana, the Sixth Circuit in Ohio and Michigan, the Seventh Circuit in Chicago, the Ninth Circuit on the West Coast, and the Eleventh Circuit in Atlanta have all affirmed the right to record government officials in public. MS Now discusses a particularly relevant case involving a citizen recording an ICE raid in New England. The court ruled unequivocally that documenting the operation was protected speech under the First Amendment. The fact that federal agents didn't want to be recorded didn't change the constitutional analysis. The fact that recording might inconvenience officers or create publicity they preferred to avoid also didn't change the analysis.

State laws vary. Some states have two-party consent requirements for audio recording, meaning you need permission from all parties being recorded to legally capture their speech. But even in two-party consent states, you can film video without audio, and you can record in many contexts where there's already reduced privacy expectation (like federal agents conducting immigration operations in someone's home or workplace). The critical distinction is between video and audio. Federal law allows one-party consent for audio recording, but some states impose stricter requirements. If you're in a two-party consent state—like California, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania, or Washington—be aware that audio recording someone without their consent may violate state law. Video without audio, however, is almost universally protected.

What matters is knowing your state's law and understanding that federal law protects you broadly. Get this knowledge before you're in a situation with ICE agents. Once you're in an encounter, that's not the time to be figuring out your rights.

What Federal Agents Cannot Do to Stop You

Federal agents cannot order you to stop recording because recording itself is not a crime. They cannot confiscate your phone or device simply because you're recording. They cannot demand you delete footage. They cannot arrest you for the act of recording alone. If an agent tells you to stop recording, you do not have to comply. If an agent claims recording is illegal, they're lying. If an agent orders you to delete footage, you can refuse. You may face other consequences for other reasons, but recording a public operation is not a lawful basis for arrest or confiscation.

That said, federal agents may fabricate charges. They might claim you violated some other law—obstructing an investigation, trespassing, interfering with federal officers—as a pretext to arrest or detain you for recording. This is exactly why you need legal support in place before you document federal operations. The threats are real, but they're often false threats. Knowing the difference between what they can legally do and what they might illegally do is essential preparation.

Multiple perspectives and spatial context are crucial for video authenticity in the AI era. Estimated data.

Device Security and Digital Protection

Federal immigration agencies have built some of the most sophisticated surveillance capabilities in government. They purchase online advertising data to track individuals. They deploy surveillance drones across neighborhoods. They tap into license plate reader networks maintained by states and local police. They access systems that monitor cellular networks across entire regions. Beyond these broad surveillance programs, ICE has the ability to access individual devices, either on-scene through physical seizure or at a later date if you're detained. Understanding device security isn't paranoia—it's practical preparation.

Using a burner phone or dedicated device for documenting federal operations is the single most important digital security measure you can take. A burner phone is simply a cheap smartphone or used device that you purchase with cash, never connect to your personal accounts, never load your personal data onto, and use exclusively for activism or documentation. It creates a clean separation between your normal digital life and your documentation activities. As noted by BBC News, this separation is crucial for maintaining digital privacy.

Why does this matter? If federal agents seize your burner phone and extract data, they get access to footage and communications related to a specific operation. They don't get access to your email, your banking information, your contacts, your location history, your personal communications, or anything else that would compromise your entire digital life. You've compartmentalized the risk. Beyond the burner phone itself, specific device security measures matter significantly. If you're using your daily phone to document federal operations, turn off all biometric unlocking systems. Disable Face ID. Disable fingerprint unlocking. Use a strong passcode or PIN instead.

Why? Because federal law distinguishes between what agents can compel from you using a warrant versus what they can compel using biometric data. To compel a passcode, they need a warrant. To compel a fingerprint or face scan, the legal requirements are less clear, and agents may feel empowered to physically force compliance or use coercive tactics. A passcode-protected phone is also encrypted in most cases. If someone tries to unlock it using biometric data and fails multiple times, it reverts to requiring a passcode. This is one of your strongest protections.

Beyond device-level security, consider encrypting your communications entirely. Signal, a privacy-focused messaging application, provides end-to-end encryption that makes it mathematically impossible for federal agencies to intercept your communications. If you're coordinating with other documenters, legal observers, or activists, using Signal rather than SMS or regular messaging apps ensures that federal surveillance of communications networks won't compromise your plans. Understand also that federal agents may attempt to access your device after they confiscate it. They may keep your phone and claim they'll return it, only to extract data from it before returning it. They may take it off-scene. They may demand the passcode or biometric data. In these moments, you have the right to refuse to provide access. Exercising that right may result in threats, pressure, or coercion, but it remains your right.

Using Burner Phones Effectively

A burner phone doesn't have to be complicated. You can purchase a used Android or iPhone from a pawn shop, eBay, or similar platform for

Keep the burner phone on you when you're documenting federal operations. Don't leave it at home. If you're detained, it will be seized, but at least it doesn't contain your personal life. After documenting an operation, back up your footage immediately. Transfer video to an encrypted external drive or cloud service that uses end-to-end encryption. Delete the footage from the burner phone. This ensures you're not storing weeks or months of sensitive documentation on a device that could be seized. The burner phone itself can be discarded after it's served its purpose, or kept for ongoing documentation work. The point is that it's compartmentalized, separate from your daily life, and a minimized risk vector.

Passcodes, Biometrics, and Law

Understanding the legal distinction between passcodes and biometrics is critical. Federal agents cannot compel you to provide a passcode or PIN. The Fifth Amendment protects you from self-incrimination, and courts have ruled that compelling a passcode is compelling you to produce something that exists only in your mind—protected speech. Biometric data operates in a legal gray area. Some courts have ruled that compelling fingerprint or face unlock isn't testimony and therefore doesn't trigger Fifth Amendment protections. Other courts remain unclear on the issue. The safest approach is to disable biometric unlocking entirely and use only a passcode.

In practice, federal agents may not know or care about these legal distinctions. They may attempt to force biometric unlocking by holding your hand to the fingerprint sensor or aiming your phone at your face. They may claim they have the authority to do so even if they don't. Physical coercion can occur regardless of what the law actually says. This is why using a burner phone matters. If they seize your burner device, they get minimal information. If they attempt to coerce biometric unlocking, you're not giving up access to your entire life.

Encryption and Secure Communication

End-to-end encrypted communications platforms like Signal ensure that federal surveillance of networks can't intercept your planning or coordination with other documenters. When you send a message via Signal, it's encrypted on your device, transmitted in encrypted form, and only decrypted on the recipient's device. Signal's servers never have access to the plaintext of your communications. This matters because federal agencies monitor communications networks extensively. If you're coordinating documentation activities via regular SMS or messaging apps, federal agencies may monitor those communications and potentially interfere with your plans. Encrypted communications prevent that surveillance.

Download Signal on your burner phone. Get phone numbers for other documenters or legal observers. Use Signal exclusively for coordination related to documentation activities. Keep communications focused and specific. Delete message threads regularly. Beyond Signal, consider using Proton Mail or similar end-to-end encrypted email services if you need to exchange longer-form communications or documents. The principle is the same: encryption prevents federal agencies from accessing your planning.

Filming Technique and Video Best Practices

How you film matters as much as the fact that you're filming. Poor quality, fragmentary, or questionable footage can be dismissed or misinterpreted. Well-documented, continuous, clearly filmed video becomes difficult to deny or distort. The first and most important rule: start recording as soon as you arrive in the vicinity of federal operations, and keep recording as long as safely possible. Don't film in bursts. Don't start and stop the camera. Continuous recording establishes that nothing has been edited out, no frames are missing, no context has been removed.

Why does this matter? When video has gaps or cuts, official narratives can claim that important information was excluded. Federal agents can claim footage is edited or deceptive. Continuous recording eliminates that excuse. Jackie Zammuto, associate director at Witness (a nonprofit using video to document human rights violations), emphasizes this constantly: "If you start and stop your footage, it's easier for people to say it's been manipulated or things have been cut out. Continuous recording is powerful evidence."

Film horizontally, not vertically. Vertical filming (portrait mode) captures less of the surrounding scene. Horizontal filming (landscape mode) captures more context, more people, more of the environment. When you're documenting federal operations, context matters enormously. You want viewers to understand the setting, the number of agents, the positioning of individuals, the overall scope of what's happening. Film at eye level when possible. This provides the viewer with a natural perspective and makes the footage feel more trustworthy and immediate. Avoid angles that look down at subjects or up at them in ways that distort proportions or create unfair framings. Neutral perspective builds credibility.

The 360-Degree Pan Technique

One specific technique that's proven effective is the slow 360-degree pan. As soon as you begin filming, do a slow, deliberate 360-degree rotation, capturing the entire environment around you. Film the street, the buildings, the people present, the federal agents, their vehicles, and any identifying information. Why is this valuable? It establishes the location unambiguously. It shows exactly what was present at the scene. It becomes much harder for anyone to claim that footage is doctored or AI-generated when you've documented the full spatial context. In an era where AI video generation is becoming increasingly sophisticated, establishing authenticity through spatial continuity matters.

After the initial 360-degree pan, focus your recording on the specific action you're documenting. But that opening pan provides crucial context and authentication.

Capturing Identifying Details

When filming federal agents, try to capture identifying information. Get their faces if safely possible. Get their badges or identification numbers. Get their clothing and uniform designations. Get their vehicle information—license plates, vehicle markings, agency insignia. This isn't about tracking down individual agents for harassment. It's about creating a clear record of who was present, which agency they represented, and what they did. Federal accountability requires federal accountability. Vague footage of unidentified agents conducting unclear operations is much less powerful than footage that clearly shows who did what.

If you can safely capture an agent's badge number or name, that's valuable. If you can film a vehicle's license plate or agency markings, that's valuable. If you can identify the agency and the specific operation being conducted, that's valuable. These details transform generic footage into accountability.

Audio Considerations

Remember that audio recording may have different legal status than video recording, depending on your state's laws. You can always film video. You can film audio in most circumstances. But in two-party consent states, filming audio of agents' conversations without their consent may violate state law. The safest approach in two-party consent states is to film video without audio, or to film audio only in circumstances where you have clear consent or where recording is legal under state law. If an agent is speaking to you directly, you're part of the conversation and typically have the right to record it. If an agent is speaking to someone else, recording that conversation without consent may violate state law.

Other documenters filming the same scene can film with audio in states where it's legal, providing the audio record without implicating you in legal issues with audio recording. This is another benefit of coordinated documentation with multiple people using different devices.

Estimated data suggests that while 50% of the public correctly understands First Amendment rights, 30% hold misconceptions, and 20% are unaware of these rights.

Backup, Storage, and Data Preservation

Filming footage is only valuable if that footage survives and makes its way to public or legal channels. Federal agents may confiscate your device. You may be detained. Your phone may be damaged or lost. Having multiple backup copies of your footage in secure locations is essential. The moment you finish documenting a federal operation, begin the backup process. If you're using a burner phone, the first step is transferring footage off the device onto a secure external storage location. Multiple copies in multiple locations ensure that even if one copy is lost or seized, others remain intact.

Secure cloud storage services that use end-to-end encryption are valuable for this. Proton Drive, Tresorit, and similar services encrypt your data on your device before uploading it to their servers. Even if law enforcement subpoenas the cloud service, the service can't provide plaintext access to your footage because your encryption keys are only on your devices. External hard drives or USB drives also work, but they have risks. If a device is seized, all data on that device is potentially compromised. Distributed backups in multiple cloud services using different encryption are more resilient.

Consider also establishing a relationship with legal organizations that support documentation efforts. Legal defense funds, civil rights organizations, and press freedom groups often have secure mechanisms for receiving sensitive video documentation. They can store footage, preserve chain of custody, and ensure it's available for legal proceedings or media publication. Documentation isn't valuable if it's lost. Preservation is part of the documentation process. Build preservation into your workflow from the moment you start filming.

Organizing Footage for Impact

Documentation with metadata matters more than documentation without context. When you backup footage, include basic information: the date, the time, the location, the agency involved, and what you observed. This metadata helps legal teams, journalists, and advocacy organizations understand what they're looking at and use footage appropriately. Consider creating a simple spreadsheet or document that lists each video file with: filename, date, time, location (address or cross streets), agents present (if known), key events captured, and any other relevant notes. This turns a collection of video files into an organized, understandable archive.

If you're working with other documenters or legal observers, coordinate on standardized naming conventions and metadata formats. When multiple people are documenting the same operation, having consistent information makes it much easier to piece together the full story afterward.

Planning Documentation Operations

Documenting ICE operations isn't something you do alone. It requires planning, coordination, communication, and legal support in place before anything happens. The first step is connecting with local organizations that support documentation efforts. Legal defense funds like those run by the National Lawyers Guild have experience with documentation and can advise on local laws. Immigration advocacy organizations often have documentation programs and can provide training. Civil rights groups and press freedom organizations understand documentation best practices.

These organizations can provide:

• Legal advice specific to your jurisdiction
• Training on documentation technique
• Support if you're detained
• Legal representation if charges are filed
• Media connections to amplify your footage

Before you document any federal operation, establish this legal support. Get contact information for legal observers or attorneys you can call if you're detained. Understand what your legal rights are in your specific jurisdiction. Know exactly what you'll do if federal agents approach you.

Coordination With Other Documenters

Multiple people documenting the same operation creates resilience. If one person is detained, others continue recording. If one device is confiscated, others still have footage. If one person's view is blocked, others capture the action from different angles. Establish communication with other documenters beforehand. You might use Signal groups or encrypted messaging to coordinate. You might identify specific locations where documenters will position themselves. You might establish signals for communicating if someone is in distress.

Multiple perspectives also make official denialism harder. When one person films something from one angle and another person films it from another angle, the consistency across perspectives establishes truth. This is exactly what happened with Alex Pretti's death—multiple documenters' footage from multiple angles made it impossible for officials to deny what occurred. Divide responsibilities. Maybe one person is focusing on faces and identification details. Maybe another is documenting vehicle information and license plates. Maybe another is capturing the broader scene and context. Organized, divided responsibility produces better overall documentation than everyone filming the same thing.

Communication Protocols

Establish clear communication protocols for during and after a documentation operation. What signal indicates that someone needs help? How do you communicate if you're detained? How do you confirm that everyone is safe after the operation ends? Using Signal or similar encrypted messaging, you might have a group chat where documenters check in. "In position." "Recording." "Safe." "Detained." Clear, brief communications keep everyone informed without creating long text trails that might be searched later.

Establish a protocol for what happens if someone is detained. Who gets called? What information is shared? How do you ensure their safety and legal representation? These protocols might seem excessive, but they're not. They're practical preparations for situations that have become increasingly common. Federal agencies have targeted documenters. Preparation prevents panic and ensures that people know what to do when difficult moments arrive.

Continuous recording is rated highest for its ability to provide unedited, comprehensive footage, followed by horizontal filming which captures more context. Estimated data based on best practices.

What to Do If Confronted by Federal Agents

The moment may come when a federal agent approaches you while you're filming. How you respond in that moment affects your safety and your legal position. These are high-stakes situations requiring composure and knowledge. First principle: stay calm and don't provoke. Federal agents have weapons and authority. Escalating the situation puts you at risk. Your goal is to document what happens while keeping yourself safe. That means controlling your tone, not being argumentative, not being aggressive.

Second principle: know your rights and assert them clearly but respectfully. You have the right to record. You have the right to remain silent. You have the right to not consent to searches. You don't have to answer questions beyond providing basic identification. Knowing this and understanding how to assert these rights is crucial. When an agent approaches, the first question is usually some version of "What are you doing?" You can answer simply and honestly: "I'm recording. I have the right to film you while you're conducting federal operations in public." You don't need to explain, justify, or provide additional detail.

If an agent orders you to stop recording, you can say clearly: "I'm exercising my First Amendment right to record. I'm not stopping." You're not being defiant or argumentative. You're stating a fact. You're continuing to exercise your constitutional right.

Dealing with Demands to Stop Recording

Federal agents may claim that recording is illegal, is interfering with their operation, or is obstructing justice. None of these claims are true. Recording in public while federal agents conduct operations is legal. Recording from a public location doesn't interfere with federal operations. Recording a public operation is not obstruction. You don't need to argue or debate these points with the agent. You can simply decline: "I understand your concern, but I have the right to record, and I'm going to continue." Then remain silent. Don't elaborate, don't explain, don't argue.

If an agent becomes more insistent or threatening, your response is still to remain calm and silent. If they physically try to prevent you from recording—grabbing your phone, blocking your view, physically moving you—you have the right to resist that interference, but you must assess whether physical resistance puts you at greater risk. Sometimes the safest response is to allow confiscation of your device while maintaining your safety. Sometimes asserting your rights firmly is the right move. Only you can assess the situation and the specific agents involved.

Being Detained or Arrested

If you're detained or arrested, several principles become critical:

First, invoke your right to remain silent. "I want to speak to an attorney." That's the only thing you say after invoking your right to an attorney. You don't answer questions. You don't explain yourself. You don't engage with agents. You wait for legal counsel.

Second, do not consent to searches of your devices or your person. If an agent says "Can I search your phone?" the answer is "No, I don't consent to searches." If they search anyway, you can object, but you don't physically resist. You say clearly: "I do not consent to this search" and let them proceed while documenting their actions if possible. Your objection creates a record that the search was non-consensual, which affects its legal validity later.

Third, document everything you can about your detention. Badge numbers of agents. Names if given. Time of detention. Location. Other witnesses. If you have a burner phone and document your own detention, that's valuable. If other people are present, they might document your detention.

Fourth, contact your legal support as soon as possible. Many legal representation agreements include immediate notification procedures. Get in touch with legal counsel before answering any questions or signing anything.

Device Seizure and Digital Privacy

If federal agents seize your burner phone, they now have access to footage, Signal communications, and other data on that device. They do not have access to your personal phone, your personal accounts, your personal communications, or anything else. This is the entire point of using a burner phone. If they ask for passcodes or biometric unlocking, you have the right to refuse. Say clearly: "I'm not providing my passcode." They may threaten you with additional charges or legal consequences. Those threats don't change your rights. You're not obligated to provide access to your devices.

If they pressure you physically or through threats, you're facing coercion. This is another reason to have legal representation. Your attorney can advise you on how to respond and can protect your rights during that pressure. Understand that federal agents may keep your device for weeks or months. They may claim they'll return it and then extract data before returning it. Be mentally prepared for that possibility. Your burner device contains only documentation-related information. Even if they extract it, they're not getting your entire digital life.

After you're released and your device is returned (if it is), don't reuse it for highly sensitive communications or new documentation work. It's now been accessed by federal agents. Its security is compromised. Retire it and establish a new burner phone for future documentation.

Media Strategy and Amplifying Your Documentation

Documentation without distribution is minimally effective. Video that stays on your device affects nothing. Video that reaches journalists, advocacy organizations, and the public becomes evidence that can drive change. Connecting with media organizations beforehand helps ensure your footage reaches an audience. Local journalists covering immigration issues, national outlets with civil rights reporters, documentary filmmakers, and press freedom organizations all have interest in documentation of federal operations.

You don't need to be a professional journalist to share your footage. You can contact media organizations directly. You can post footage to social media. You can share with advocacy organizations that will amplify it. You can work with legal teams who will use it in litigation. When sharing footage, consider including basic context: the date, the location, the agency involved, and a brief description of what's happening. This helps journalists, advocates, and viewers understand what they're seeing and why it matters.

Working With Journalists

Journalists covering immigration enforcement are actively looking for primary sources and video documentation. They understand how important firsthand footage is. They know how to contextualize it and present it in ways that reach broad audiences. If you've documented a federal operation, reaching out to journalists who cover this area is a legitimate strategy. "I have footage of an ICE operation at [location] on [date]. I thought you might be interested in covering this story." Journalists receive dozens of story tips daily. Yours might be the one they choose to pursue.

Journalists also have legal teams and editorial processes that ensure footage is used responsibly and appropriately. They understand libel and privacy concerns. They know how to protect sources. They have platforms that amplify stories to significant audiences. Sharing footage with journalists doesn't require revealing your identity if you don't want to. You can share footage anonymously or pseudonymously. You can specify that you want to remain unnamed. Journalists can work within those constraints while still using your documentation to tell important stories.

Advocacy Organization Networks

Beyond traditional media, immigration advocacy organizations, civil rights groups, and legal defense funds all use video documentation to drive policy change and accountability. These organizations often have their own media platforms, social media reach, and political influence. Sharing your documentation with these groups can ensure it's used for maximum impact. They might use it in advocacy campaigns, in legal litigation, in policy testimony before Congress, or in public awareness campaigns. Your single piece of footage might contribute to a broader narrative or legal case that drives real change.

These organizations often have experience protecting documenters' privacy, maintaining chain of custody for evidence, and ensuring footage is used appropriately. They're also motivated to amplify documentation because their entire mission depends on exposing abuse and driving accountability.

Social Media Amplification

If you choose to share footage on social media, there are strategic considerations. Post complete, unedited footage whenever possible. Edited clips can be misrepresented. Complete footage is harder to deny or distort. Include context in your post. What happened? When? Where? What agency was involved? What makes this documentation important? People scrolling through social media won't watch unmarked video from an unknown source. Context creates interest and legitimacy.

Tag relevant journalists, advocacy organizations, and elected officials. Your footage might reach their attention and become part of their reporting or advocacy. Understand that social media posts can be screenshot, shared, misrepresented. Once you post something publicly, you've lost control of it. That's not necessarily bad—it means wide distribution. But it means the footage can be used in ways you didn't anticipate. Post with that knowledge.

Legal advice and training are crucial for effective documentation operations, ensuring preparedness and safety. (Estimated data)

Building Resilience: Community and Legal Support

Documentation isn't an individual activity. It's a community practice. Resilience comes from connection to other documenters, legal support, advocacy organizations, and communities of people who understand why this work matters. Before you document federal operations, embed yourself in the community doing this work. Connect with legal observer programs. Join advocacy organizations. Get to know other documenters. Understand the landscape of legal support and media strategies in your area.

That community provides multiple forms of resilience. Other documenters provide coordinated presence and mutual support during operations. Legal organizations provide representation if you're arrested. Advocacy groups amplify your footage. Media connections ensure documentation reaches audiences. You're not doing this alone, even though it may feel that way in the moment. There's a broader ecosystem of people committed to documenting federal operations and driving accountability. Connecting to that ecosystem before crisis moments arrive means you're not learning these connections while detained or arrested.

Finding Local Legal Support

The National Lawyers Guild maintains chapters in many cities and provides legal support to documenters and activists. Their local chapters often run bail funds, provide legal representation, train people on their rights, and coordinate legal observer programs. Immigration advocacy organizations often have legal teams and can connect you with immigration attorneys. These attorneys understand immigration law and understand federal operations in ways that general criminal defense attorneys may not.

Civil rights organizations like the ACLU often support documentation efforts and can provide guidance on legal rights and strategies. Searching for "legal observers" or "bail funds" in your city will often surface local organizations doing this work. They exist in most major cities and increasingly in smaller cities as well. Establishing these connections before you need them means you're not scrambling to find legal support after you're detained.

Training and Skill Building

Many organizations offer training on documentation techniques, legal rights, device security, and personal safety. Taking advantage of that training before you document federal operations makes you more effective and safer. Witness, Freedom of the Press Foundation, the National Lawyers Guild, and various immigration advocacy organizations all offer free or low-cost training on documentation. Some of this training is available online. Some is offered in-person in local communities.

Investing time in training before you're in a high-stakes situation improves your ability to handle that situation effectively. You'll know the right techniques. You'll know your rights. You'll know how to respond to federal agents. You'll have established connections with legal support and other documenters.

The Technology of Authenticity in an AI Era

As AI video generation becomes more sophisticated, establishing video authenticity is increasingly important. When anyone can create convincing AI videos, how do you prove that a video is genuine? Continuous footage without cuts or edits is one layer of authenticity. Spatial context—a 360-degree pan showing the environment—is another layer. Metadata indicating when the video was recorded and what device recorded it adds another layer.

Multiple independent documenters filming the same event from different angles is perhaps the strongest authenticity proof. When three different people independently capture the same events from different perspectives using different devices, the consistency across footage establishes that something real happened. That consistency is much harder to fake with AI than creating a single convincing video from scratch.

Documenters should understand that their role includes establishing authenticity. You're not just capturing what happened. You're creating evidence that what happened actually occurred in the way you're documenting it. That evidence becomes more powerful with multiple perspectives, spatial context, and continuous recording. The goal isn't to create perfect video that matches official specifications. The goal is to create authentic documentation that clearly shows a real event from real perspectives. That authenticity is what makes footage valuable as evidence and as accountability.

Media organizations are the most preferred channel for amplifying documentation due to their reach and credibility. Estimated data based on typical media strategy practices.

Health, Safety, and Psychological Impact

Documenting federal operations can be traumatic. You're witnessing federal agents sometimes conducting operations aggressively. You may witness people being detained, injured, or treated inhumanely. You may be threatened by agents. You may be arrested. These experiences can have lasting psychological impact. Understanding this possibility before you document federal operations means you can prepare and access support afterward. Trauma-informed care and counseling services exist specifically to support people who've witnessed or experienced violence or state aggression.

The organizations supporting documentation efforts often also support documenter wellbeing. They may provide counseling resources, peer support groups, or connections to mental health services for people experiencing trauma from documentation work. Physical safety also matters. Wear comfortable shoes because you may need to move quickly. Bring water and snacks because operations may last longer than expected. Identify safe locations you can move to if the situation becomes dangerous. Know your escape routes and where nearby medical facilities are located.

Take care of yourself before, during, and after documentation. The work is important, but your wellbeing matters too.

Legal Paths Forward: Using Documentation in Litigation

Documentation ultimately becomes valuable through legal channels. Video can be introduced as evidence in criminal cases against federal agents. It can be used in civil lawsuits against federal agencies. It can be submitted as evidence in congressional testimony or agency oversight hearings. It can support Freedom of Information Act requests and federal investigations. Understanding these legal pathways helps you understand why the documentation you're creating matters. You're not just creating footage for social media. You're creating evidence that can drive actual accountability.

Working with legal teams who understand how to use documentation in litigation ensures your footage is properly preserved, contextualized, and presented. Chain of custody matters in litigation. Metadata matters. The specific way you filmed and stored the footage can affect its admissibility as evidence. This is another reason to connect with legal organizations before documenting federal operations. They can advise you on how to film and preserve footage in ways that maximize its legal value.

The Broader Context: Why This Matters

Documenting ICE operations is fundamentally about accountability and democracy. Federal agencies exist under the authority of the Constitution. When they violate that Constitution, documenting those violations is how accountability functions. In the absence of accountability mechanisms, federal agencies face no consequences for illegal conduct. They can lie about what happened. They can deny abuse. They can claim they acted appropriately when they actually violated people's rights.

Video documentation provides proof that cuts through official rhetoric. Multiple perspectives across multiple documenters make denial impossible. When the federal government's own statements conflict with video footage recorded by independent documenters, the footage wins. That's why federal agencies have worked so hard to intimidate documenters and make people afraid to film. But the intimidation doesn't change the constitutionality or the necessity of documentation. Your right to record remains protected. The importance of that recording to accountability remains essential.

As Trevor Timm noted after Alex Pretti's death, the footage from that tragedy came from multiple documenters filming independently. That multiple documentation created a record of truth that the federal government couldn't deny. That's the power and the purpose of what you're doing when you document federal operations. You're participating in democracy. You're making accountability possible. You're refusing to accept official rhetoric without evidence. You're using the tools available to you to make truth visible.

That matters. It's dangerous. But it matters.

FAQ

Is recording ICE or CBP agents in public legal?

Yes. The First Amendment protects your right to record government officials conducting operations in public spaces. Federal courts across multiple circuits have affirmed this right, and it applies to ICE and Customs and Border Protection agents just as it applies to local law enforcement. However, federal agencies continue to misrepresent this legal reality and may attempt to intimidate or arrest documenters despite the constitutional protection.

Can federal agents order me to stop recording?

No. Federal agents cannot legally order you to stop recording in public. Recording a public operation is protected speech. If an agent orders you to stop, you have the right to continue filming. You can say clearly and calmly: "I'm exercising my First Amendment right to record." That's your complete response. You don't need to argue, explain, or justify your decision.

What should I do if a federal agent demands my phone or tells me to delete footage?

You have the right to refuse. Federal agents cannot confiscate your device simply because you're recording. They cannot demand deletion of footage. If they attempt either action without a warrant, you can object clearly: "I do not consent to this." If they confiscate your device anyway, you're not obligated to provide passcodes or biometric access. Invoke your right to an attorney: "I want to speak to an attorney."

What's the best device to use for documenting ICE operations?

A burner phone or dedicated device purchased separately from your personal phone is optimal. Use cash to purchase a used smartphone from a pawn shop or online seller. Never register it in your name. Never connect it to your personal accounts. Keep your personal phone separate from documentation activities. This compartmentalization means if your documentation device is seized, your personal digital life remains secure.

Should I record audio or just video?

It depends on your state's laws. Two-party consent states require permission from all parties being recorded to legally capture audio. Video without audio is protected in nearly all states. If you're in a two-party consent state, film video without audio, or get explicit consent before recording audio. Other documenters in your group might film with audio in contexts where it's legal, providing the audio record without legal liability for you.

How should I back up footage from federal operations?

Transfer footage to secure cloud storage using end-to-end encryption (like Proton Drive or Tresorit) immediately after documenting. Create multiple backups in different locations. Consider also sharing footage with legal organizations, advocacy groups, or journalists who can preserve it and use it appropriately. Multiple copies in multiple secure locations ensure footage survives even if one copy is seized or lost.

What should I do if federal agents approach me while I'm filming?

Remain calm. State clearly that you have the right to record: "I'm exercising my First Amendment right to record." Don't argue, explain, or engage beyond that. If an agent asks questions, you can remain silent or say simply: "I want to speak to an attorney." Continue filming as long as it's safe to do so. If the agent becomes threatening or tries to confiscate your device, assess whether physical resistance is safe. Your safety is the priority.

Can I be arrested for recording federal operations?

No, not for the act of recording alone. Recording in public is protected speech. However, federal agents may attempt to arrest you on pretextual charges (obstructing justice, trespassing, interfering with federal officers) as a way to punish you for recording. This is why legal support before you document is critical. If you're arrested, invoke your right to an attorney immediately and don't answer questions.

How do I find legal support for documentation work?

Contact the National Lawyers Guild's local chapter in your city. Search for "legal observers" or "bail funds" in your area. Connect with immigration advocacy organizations that often have legal teams. Contact the American Civil Liberties Union or your state's civil rights organization. These groups train documenters, provide legal representation, and offer support if you're detained. Establish these connections before you need them.

What's the best way to film to create authentic, non-deniable video?

Film continuously from start to finish without editing or cuts. Film horizontally (landscape mode) to capture context. Start with a slow 360-degree pan showing the full environment. Then focus on specific actions while maintaining continuous recording. Include identifying details like agent badges, vehicle license plates, and agency markings. Multiple independent documenters filming the same event from different angles create the strongest authentication because consistency across perspectives is difficult to fake.

Conclusion: Democracy Requires Witness

Filming ICE and CBP operations is a form of civic participation. It's also a form of courage. Documenting federal agents conducting immigration enforcement operations puts you at risk. Federal agencies have shown they will target documenters. People have been killed while recording federal operations. Yet documenting federal operations remains essential because it's how accountability functions in a democracy. When federal agencies act in public, they do so in front of a watching public. When that public documents what federal agencies do, that documentation creates a record that prevents officials from simply lying about their conduct.

The federal government's effort to criminalize documentation and intimidate documenters is an attack on the First Amendment and on accountability itself. It's an attempt to prevent the creation of evidence that would expose violations of law and constitutional rights. Resisting that intimidation—preparing yourself legally and technically, connecting with communities of other documenters, ensuring your footage is preserved and distributed, understanding your rights and exercising them—is an act of democratic participation. You're not just recording video. You're maintaining the possibility of accountability when government power is exercised.

Is it dangerous? Yes. Has the current federal administration made it more dangerous? Absolutely. Are there ways to reduce that danger through technical security, legal preparation, and community support? Yes. But the fundamental truth is that democracy requires witness. It requires people willing to document what government does. It requires footage that contradicts false narratives. It requires accountability that video documentation makes possible.

If you choose to do this work, prepare thoroughly. Understand your rights. Secure your devices. Connect with legal support. Coordinate with other documenters. Ensure your footage reaches people with platforms and power to use it. And know that when you're filming federal operations, you're participating in something larger than yourself. You're part of a broader movement for accountability and constitutional rights. You're creating evidence that democracy requires. You're using video as a tool for justice.

That matters. Go film.

Key Takeaways

• Recording ICE and CBP agents in public is constitutionally protected under the First Amendment, despite federal agency claims otherwise
• Using a burner phone and encrypted communications (Signal) separates documentation from your personal digital life and minimizes risk if devices are seized
• Continuous, unedited horizontal filming with 360-degree pans establishes authenticity and prevents claims that footage has been manipulated
• Coordinating with other documenters, legal observers, and legal support organizations before operations provides mutual protection and ensures comprehensive documentation
• Backing up footage across multiple encrypted cloud services and sharing with journalists/advocacy organizations ensures documentation survives confiscation and reaches audiences for maximum impact

Related Articles

• Facial Recognition and Government Surveillance: The Global Entry Revocation Story [2025]
• Don Lemon and Georgia Fort Arrested for Covering Anti-ICE Protest [2025]
• AI-Generated Anti-ICE Videos and Digital Resistance [2025]
• Face Recognition Surveillance: How ICE Deploys Facial ID Technology [2025]
• Palantir's ICE Contract: The Ethics of AI in Immigration Enforcement [2025]
• Parenting During Immigration Crackdowns: A Modern Crisis [2025]