NEW YORK — The Intercept filed a complaint in U.S. District Court for the Southern District of New York on June 23, 2026. The complaint asks the court to compel the U.S. Department of Homeland Security (DHS) to release documents requested through the Freedom of Information Act (FOIA). The FOIA requests concern increased surveillance and travel restrictions for protesters.

The DHS acknowledged receipt of The Intercept's FOIA requests but has not produced the requested public documents. Democracy Forward represents The Intercept in the case.

Ben Muessig, editor-in-chief of The Intercept, commented on the situation. "It's not illegal to monitor the activity of immigration agents inside your community," Muessig said. "What is illegal is the U.S. government's secret list of activists — and its refusal to turn over information about that database to the American public."

A video posted to social media on January 23, 2026, depicts federal agents recording a protester. In this video, federal agents state they were recording the protester "because we have a nice little database, and now you're considered a domestic terrorist."

A court hearing regarding immigration enforcement actions in Minnesota reportedly included an exhibit of a recording of a federal agent speaking. In that recording, a federal agent said, "Well, this person is gonna have a hard time traveling from now on," after taking a photo of an Immigration and Customs Enforcement (ICE) observer's license plate. Additionally, a civilian observing ICE provided a declaration stating that her Transportation Security Administration (TSA) PreCheck and Global Entry statuses were revoked three days after an encounter with immigration enforcement officials.

Reports indicate that at least one supporter of transgender rights also had her Global Entry access and U.S. passport canceled in the past few months. Skye Perryman, president and CEO of Democracy Forward, made a statement regarding the filing. She said, "The government is not allowed to selectively hide information about its actions that impact protected First Amendment activity."