Key Takeaways:
- The FBI has launched investigations into threats against immigration enforcement activity in at least 23 regions across the US.
- The investigations are related to the "countering domestic terrorism" memo issued by Donald Trump in September, which targets "anti-fascism" and "anti-Americanism".
- Civil rights groups have raised concerns that the memo will be used to crack down on leftist organizing, ICE protesters, and Trump critics.
- The FBI report warns of increased "threat activity targeting government personnel or facilities related to immigration enforcement efforts".
- The report lists indicators that an individual may be planning to attack ICE, including conducting online research and using encrypted messaging apps.
Introduction to the FBI Investigation
The FBI has launched "criminal and domestic terrorism investigations" into "threats against immigration enforcement activity" in at least 23 regions across the US, according to an internal report shared with the Guardian. The two-page FBI document, dated 14 November, says some of the investigations are related to the "countering domestic terrorism" memo issued by Donald Trump in September. The memo, known as NSPM-7, called for a "national strategy" to thwart "violent and terroristic activities" associated with "anti-fascism". It described "anti-Americanism, anti-capitalism, and anti-Christianity" as threats and cited "riots" in Los Angeles and Portland, referring to protests against Immigration and Customs Enforcement (ICE), as examples of "political violence".
The FBI Report and Its Implications
The FBI document, disseminated to other law enforcement agencies, warns of increased "threat activity targeting government personnel or facilities related to immigration enforcement efforts". It points to two violent attacks against ICE facilities in Texas, but says "domestic terrorist subjects", who fall under NSPM-7, have also engaged in "reactive violent attacks which took advantage of First Amendment-protected activities nationwide". The report says "indicators" that an individual may be planning to attack ICE include "stockpiling or distributing firearms", but also "conducting online research" about agents’ movements and using encrypted messaging apps. Civil liberties advocates have raised concerns that the report’s language is too broad and could be used to target innocent individuals who are exercising their First Amendment rights.
Civil Rights Groups’ Concerns
Civil rights groups have raised concerns that NSPM-7 would be used to crack down on leftist organizing, ICE protesters, and Trump critics. The FBI report has renewed their fears, with Hina Shamsi, director of the ACLU National Security Project, saying that the report is "infused with vague and overbroad language, which was exactly our concern about NSPM-7 in the first place". She added that the report invites law enforcement suspicion and investigation based on purely First Amendment-protected beliefs and activities, which could impose stigma and wrongly immesh people in the criminal legal system. The FBI declined to comment on the report.
The FBI’s Surveillance of Activists
The FBI has recently faced criticisms over its surveillance of activists opposing ICE activities. Records obtained by Property of the People and shared with the Guardian last month revealed that the FBI spied on a private Signal group chat of volunteers organizing "courtwatch" efforts, characterizing the activists who monitor public proceedings in immigration courtrooms as "anarchist violent extremists". The FBI’s November report builds on assertions by the Trump administration of a dramatic rise in attacks on immigration enforcement agents. However, the Department of Homeland Security (DHS) has not provided evidence to support its claim of a "1,000% increase" in assaults on ICE officers.
The Trump Administration’s Response
The Trump administration has defended its actions, with Abigail Jackson, a White House spokesperson, saying that NSPM-7 is "focused on investigating, disrupting, dismantling, and prosecuting individuals and entities engaged in organized political violence and domestic terrorism". She accused "leftwing organizations" of fueling "violent riots", organizing "attacks against law enforcement officers", and carrying out other crimes. The justice department spokesperson declined to comment on the specifics of the attorney general’s memo, saying that "political violence has no place in this country, and this Department of Justice will investigate, identify, and root out any individual or violent extremist group attempting to commit or promote this heinous activity".
Criticism from Former FBI Agent and Civil Liberties Advocate
Mike German, a former FBI agent, who is now a civil liberties advocate, said NSPM-7 was a "chilling document that likens political opposition to government policy to terrorism". He noted that since 9/11, the FBI has had wide latitude to launch terrorism investigations based on minimal evidence and with little oversight. German added that the FBI alerts with broad and vague language are unhelpful to other law enforcement officials, as they do not provide specific information about what law enforcement should be looking for or how to differentiate between a protester and somebody who might be presenting some kind of violent threat. Instead, they tend to raise the fear level in law enforcement.