Journalists and protesters in LA sue Department of Homeland Security, alleging excessive force

Demonstrators and journalists are suing the Department of Homeland Security, alleging federal agents used excessive and unnecessary force at protests against immigration enforcement sweeps in Los Angeles.

The Los Angeles Press Club, individual protesters and others filed the lawsuit in federal court Wednesday night, claiming federal immigration agents' use of force at demonstrations "punishes and suppresses the exercise of First Amendment-protected rights."

The group is seeking a temporary restraining order that would require Homeland Security officers to only use force in response to specific threats and not target journalists, according to the American Civil Liberties Union of Southern California.

"Since the protests began, DHS officers have been intentionally and indiscriminately misusing militarized weapons and unnecessarily attacking protesters and members of the press," the complaint states. "DHS agents have consistently used these weapons to suppress First Amendment protected activity when they faced no meaningful threat of violence at all."

Response from Homeland Security

A spokesperson for the Department of Homeland Security sent a statement to LAist, saying the First Amendment protects speech and peaceful assembly, "not rioting," and reminded journalists to "exercise caution" while covering these events.

"Anyone who actively obstructs law enforcement in the performance of their sworn duties will face consequences, which could include arrest," the statement reads, adding that ICE officers had experienced an increase in assaults against them as they've carried out their duties.

The statement said President Donald Trump and Secretary of Homeland Security Kristi Noem were committed to restoring law and order in Los Angeles and around the country, and that "no lawsuit, this or any other, is going to change that.”

Details from the lawsuit

The lawsuit accuses federal agents of firing chemical agents and projectiles at people without warning them and hitting multiple journalists with pepper balls, rubber bullets and tear gas. Two journalists said they were each shot in the head by federal officers while reporting at a protest in Paramount on June 7.

Adam Rose with the Los Angeles Press Club said at least seven members of the organization experienced some type of use of force by federal officers or violation of their rights as representatives of news media.

"These journalists were just doing their job, not breaking any law," Rose said in a statement.

Federal policy issued in 2023 instructs officers to identify themselves and issue a verbal warning "when feasible" before using force.

What does the law say?

Two recent California laws prevent law enforcement from using projectiles and chemical agents except when there's a clear threat to officers. They also protect journalists covering protests from interference by law enforcement.

These state laws don't apply to federal agents, according to Peter Eliasberg, chief counsel for the ACLU of Southern California who is representing the plaintiffs in the lawsuit. But he said the Fourth Amendment, which protects people from unreasonable search and seizures, does.

" You're not supposed to use excessive force and generally indiscriminate force that isn't targeted at people who pose a threat," he said. "Those are all forms of excessive force, and those are all forms of force that the DHS officers are using grossly."

The Press Club and others who filed the lawsuit are asking the court to issue a restraining order before the weekend.