The December 16 return of U.S. Border Patrol Commander Gregory Bovino to Chicago with hundreds of agents and a film crew drew sharp criticism from local officials who said the raids were turned into a spectacle. A leaked Dec. 4 Justice Department memo urges prosecutors to consider "domestic terrorism" charges for "doxing" law enforcement — a move critics say could criminalize bystander recordings. Civil‑liberties advocates warn the policy risks chilling First Amendment protections and undermining public oversight.
Justice Dept. Memo Labels Filming Immigration Raids 'Domestic Terrorism' as Chicago Raids Raise Free‑Speech Concerns
Justice Department Says Filming Immigration Raids Is 'Domestic Terrorism'
After leaving the Chicago area in November, U.S. Border Patrol Commander Gregory Bovino returned unexpectedly on December 16 with several hundred federal agents and a film crew — a reprise of the confrontational tactics that drew protests earlier this year and prompted local officials to accuse authorities of turning enforcement into political theater.
A spokesperson for Chicago Mayor Brandon Johnson told the Chicago Sun-Times that agents appeared to be arresting people indiscriminately and without warrants, and that the presence of a film crew transformed the raids into a spectacle. The mayor's office said the filming risked further traumatizing families and called the tactics "destabilizing, wrong, and must be condemned."
"This activity is occurring alongside a film crew, which appears to be using these raids to create content at the expense of traumatizing families."
This is not the first time federal immigration operations have been recorded and shared publicly. Under the Trump administration, Department of Homeland Security (DHS) actions and allied political figures posted footage of enforcement activity to social platforms. Supporters and some officials have used imagery and videos to publicize enforcement, while critics say the footage is being used as propaganda and to dramatize policy.
Justice Department Memo and the Debate Over "Doxing"
On December 4, a memo — first leaked by journalist Ken Klippenstein — urged federal prosecutors to consider charging people with "domestic terrorism" for what the memo describes as "doxing" law enforcement officers. In this context, "doxing" is treated as publishing information that identifies officers. The Justice Department framed such disclosures as tactics that could be used to "silence opposing speech, limit political activity, change or direct policy outcomes, and prevent the functioning of a democratic society."
That framing echoes statements from some current officials who have suggested that videotaping or sharing officers' locations can threaten agent safety. Critics say that conflating public documentation with violent or terroristic conduct stretches the law and chills ordinary civic oversight.
Free-Speech and Accountability Concerns
Many incidents labeled as "doxing" are bystanders recording officers performing public duties. When recording does not involve physical interference or create imminent danger, such activity is widely considered protected by the First Amendment as an important civic check on power. David Bier, director of immigration studies at the Cato Institute, criticized the memo's broad language as creating "a nationwide policy of intimidating and threatening people who attempt to observe and record DHS operations."
Under an expansive interpretation of domestic terrorism, even government camera crews or contracted media who film and publish enforcement operations could theoretically be vulnerable to prosecution if the policy were applied unevenly. Observers warn that using political alignment as an implicit determinant of who is protected by free-speech rights risks deeply politicizing enforcement and undermining civil liberties.
The controversy in Chicago highlights a broader clash: federal authorities appear to be both staging and publicizing enforcement actions while the administration is broadening the scope of potentially criminal conduct related to recording and publishing those actions. Critics say the result could chill accountability and public oversight at precisely the moment when transparency matters most.
Source: Original reporting and the leaked December 4 Justice Department memo, as first publicized by Ken Klippenstein; comments from the Chicago mayor's office and public statements from advocacy and policy experts.
