Recording Rights

Recording Rights

Recording immigration enforcement can protect community members and document rights violations. This guide covers your rights and best practices.

Your Right to Record

First Amendment Protection

The right to record law enforcement in public is protected by the First Amendment. Seven federal circuit courts have explicitly affirmed this right.

This Right Is Well-Established

Federal courts have consistently ruled that recording police and federal officers in public is protected speech. ICE and CBP agents are subject to the same rules as local police.

Key Federal Cases:

Circuit	Case	Ruling
1st Circuit	Glik v. Cunniffe (2011)	Right to film police is “clearly established”
3rd Circuit	Fields v. City of Philadelphia (2017)	Recording is protected even without expressive intent
5th Circuit	Turner v. Driver (2017)	Filming police is First Amendment activity
7th Circuit	ACLU v. Alvarez (2012)	Audio recording of police in public protected
9th Circuit	Fordyce v. City of Seattle (2023)	Right to record police reaffirmed
10th Circuit	Irizarry v. Yehia (2022)	Clearly established right to record
11th Circuit	Smith v. City of Cumming (2000)	First Amendment right to record matters of public interest

You can:

• Film police and immigration officers (ICE, CBP, ERO)
• Record in any public space
• Continue recording when told to stop (if not interfering)
• Livestream if you choose
• Record from inside your home through windows/doors

Officers cannot:

• Demand you stop recording
• Order you to delete footage
• Seize your device without a warrant
• Arrest you solely for recording
• Retaliate against you for recording

Legal Boundaries

Recording is legal when you:

• Are in a public place
• Are not physically interfering with enforcement
• Maintain a reasonable distance
• Are not trespassing

Best Practices for Recording

Technical Setup

Before you need to record:

• Clear storage space on your phone
• Enable cloud backup (if safe for you)
• Know how to start recording quickly
• Disable lock screen notifications

Recording settings:

• Film horizontally (landscape) for best video
• Ensure audio is capturing
• Use highest quality your storage allows

During Recording

Do:

• State the date, time, and location at the start
• Stay calm and steady
• Keep recording even if “nothing” is happening
• Narrate quietly what you observe
• Get wide shots AND detail shots if possible
• Record badge numbers and license plates

Don’t:

• Zoom in too much (causes shaky footage)
• Stop and start repeatedly
• Interfere with enforcement
• Put yourself in danger

Positioning

• Maintain at least 15-20 feet distance
• Find a stable position
• Be aware of your background (don’t block sidewalks/streets)
• Have an exit route

State Recording Laws

One-Party vs Two-Party Consent

Recording laws vary by state:

One-party consent states (most states):

• You can record conversations you’re part of
• You can record in public without consent

Two-party (all-party) consent states:

• California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, Washington
• May require all parties’ consent for audio
• Video without audio is generally still legal in public

Note: Federal officers (ICE, CBP) operating in public can generally be recorded regardless of state law.

Practical Application

• In public spaces, you can always film video
• Audio laws are more complicated
• When in doubt, continue filming - the evidence value usually outweighs the legal risk

If Confronted While Recording

By Officers

If told to stop recording:

“I am exercising my First Amendment right to record in a public space. I am not interfering with your work.”

If told to move back: Move back. You can continue recording from a greater distance.

If they reach for your phone:

“I do not consent to a search or seizure. Am I being detained?”

If arrested: Do not resist. Continue asserting your right to an attorney.

By Others

If community members ask you not to record them:

• Respect their wishes if possible
• Explain you’re documenting enforcement, not them
• Focus camera on officers, not community members
• Delete footage of them if asked and appropriate

Protecting Your Footage

Immediate Steps

After recording:

1. Stop recording and lock your phone
2. Do not edit the original files
3. Back up to secure cloud storage immediately
4. Note the original filename and time

Secure Storage

Good options:

• Signal (send to yourself)
• Proton Drive
• Encrypted local drive
• Trusted person’s device

Avoid:

• Regular cloud services (Google Drive, iCloud) without encryption
• Social media (yet)
• Unencrypted email

Before Sharing

Consider:

• Does this identify anyone who could be at risk?
• Is there consent from community members shown?
• Will this help or harm the people involved?
• Should a lawyer review first?

Metadata Considerations

What Metadata Contains

Photos and videos contain EXIF data including:

• Date and time
• Location (GPS coordinates)
• Device information
• Camera settings

Stripping Metadata

Before sharing publicly:

• Use tools like ExifTool to remove metadata
• Many apps can strip data before posting
• Some secure messengers strip metadata automatically

When to Keep Metadata

For legal purposes:

• Original files with metadata are more credible
• Keep originals, strip copies for public sharing
• Metadata proves authenticity in court

Recording ICE Specifically

ICE Operations You Can Record

• Arrests on public sidewalks and streets
• Enforcement at workplaces (from public areas)
• Checkpoints (interior and border)
• Detention facility exteriors
• ICE vehicles and license plates
• Agent badge numbers and faces

ICE-Specific Considerations

ICE is federal law enforcement. State recording laws about consent generally don’t apply to federal officers operating in their official capacity in public.

CBP 100-mile zone: Within 100 miles of any border, you may encounter more federal agents. Your recording rights remain the same.

Sensitive locations: ICE policy (as of 2024) limits enforcement at schools, hospitals, and places of worship. Recording at these locations can document policy violations.

What to Capture

When documenting ICE activity, prioritize:

1. Vehicle identification

   • License plates
   • Vehicle make/model/color
   • Markings (or lack thereof)

2. Agent identification

   • Badge numbers
   • Agency patches
   • Faces (for accountability)

3. Actions

   • Who is being detained
   • Use of force
   • Statements made by agents
   • Whether warrants are shown

4. Context

   • Location (address, landmarks)
   • Time and date
   • Witnesses present

Apps for Recording ICE

App	Features	Platform
ACLU Mobile Justice	Auto-upload, state-specific versions	iOS, Android
WITNESS Eyes on ICE	ICE-specific documentation	iOS, Android
Signal	Encrypted backup to self	iOS, Android

Protecting Your Device

Secure Your Phone First

Before any encounter, secure your device. Your phone contains information that can endanger you and others.

• Mobile Hardening Guide - Full phone security setup
• Digital Force Protection - Comprehensive digital security
• Quick DFP Guide - Fast reference

Before You Record

Prepare your phone:

• Use a passcode (6+ digits), NOT face/fingerprint
  • Biometrics can be compelled; passcodes have stronger 5th Amendment protection
• Enable auto-lock after 30 seconds
• Turn OFF notification previews on lock screen
• Know how to quickly lock your phone (usually power button 5x)
• Set up automatic cloud backup of photos/videos

Quick Lock Methods

Phone	Method
iPhone	Press side button 5 times quickly
Android	Varies — usually power button 5 times, or “Lockdown” in power menu

This disables biometric unlock and requires passcode.

Special Circumstances

If Your Phone Is Seized

• Do NOT unlock it
• State: “I do not consent to a search of my device”
• Do NOT provide the passcode
• Request a lawyer
• Note the time and who seized it
• File a complaint later

Legal note: Courts are split on whether you can be compelled to provide a passcode. The safest approach is to refuse and assert 5th Amendment protection against self-incrimination.

If Ordered to Delete

• You are NOT legally required to delete
• Say: “I do not consent to deleting my property”
• If they force you, remember: cloud backups may exist
• Document the incident for later complaint

Livestreaming

Pros:

• Footage is immediately backed up
• Creates real-time record
• Community can see what’s happening

Cons:

• Reveals your location in real-time
• Harder to control who sees what
• May show community members without consent

Resources

Legal Support

Resource	Description	Link
ACLU Photographers’ Rights	Know your rights guide	aclu.org
WITNESS Eyes on ICE	ICE documentation toolkit	lab.witness.org
NPPA Rights Guide	Press photographer rights	nppa.org
Reporters Committee	Legal defense hotline	rcfp.org

Apps & Tools

Tool	Purpose	Link
ACLU Mobile Justice	Recording with auto-upload	aclu.org/issues/criminal-law-reform/reforming-police/aclu-apps-record-police-conduct
WITNESS Video as Evidence	Filming guide for human rights	witness.org
ProofMode	Adds verification metadata	proofmode.org

Training

• WITNESS Video for Change - Comprehensive filming guides
• National Lawyers Guild Legal Observer Training - In-person trainings
• ACLU chapter trainings - Check your local ACLU affiliate

Quick Reference

Your mantra:

“I am recording from a public space. I am not interfering. This is my First Amendment right.”

If confronted:

1. Stay calm
2. Assert your right
3. Step back if asked
4. Keep recording
5. Do not delete
6. Seek legal help if needed