Recording Rights
Recording Rights
Section titled “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
Section titled “Your Right to Record”First Amendment Protection
Section titled “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.
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
Section titled “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
8 Tips for Filming ICE
Section titled “8 Tips for Filming ICE”Because footage is only useful if it’s usable.
| # | Tip | Key Point |
|---|---|---|
| 1 | Start Recording Immediately | Don’t wait. Livestream when tense/chaotic. |
| 2 | Hold Phone Horizontally | Landscape captures more of the scene. |
| 3 | Use Highest Resolution | Helps capture badge numbers, plates. |
| 4 | Film Actions, Not Victims | Focus on agents, vehicles, not detainees. |
| 5 | Narrate Facts Calmly | State date, time, location out loud. |
| 6 | Keep Safe Distance | Don’t interfere. Stay in public spaces. |
| 7 | Stabilize the Shot | Two hands. Brace against something. |
| 8 | Back Up and Share | Multiple platforms. Trusted groups. |
Best Practices for Recording
Section titled “Best Practices for Recording”Technical Setup
Section titled “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
Section titled “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
Section titled “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
Section titled “State Recording Laws”One-Party vs Two-Party Consent
Section titled “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
Section titled “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
Section titled “If Confronted While Recording”By Officers
Section titled “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
Section titled “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
Section titled “Protecting Your Footage”Immediate Steps
Section titled “Immediate Steps”After recording:
- Stop recording and lock your phone
- Do not edit the original files
- Back up to secure cloud storage immediately
- Note the original filename and time
Secure Storage
Section titled “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
Section titled “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
Section titled “Metadata Considerations”What Metadata Contains
Section titled “What Metadata Contains”Photos and videos contain EXIF data including:
- Date and time
- Location (GPS coordinates)
- Device information
- Camera settings
Stripping Metadata
Section titled “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
Section titled “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
Section titled “Recording ICE Specifically”ICE Operations You Can Record
Section titled “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
Section titled “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
Section titled “What to Capture”When documenting ICE activity, prioritize:
-
Vehicle identification
- License plates
- Vehicle make/model/color
- Markings (or lack thereof)
-
Agent identification
- Badge numbers
- Agency patches
- Faces (for accountability)
-
Actions
- Who is being detained
- Use of force
- Statements made by agents
- Whether warrants are shown
-
Context
- Location (address, landmarks)
- Time and date
- Witnesses present
Apps for Recording ICE
Section titled “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
Section titled “Protecting Your Device”Before You Record
Section titled “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
Section titled “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
Section titled “Special Circumstances”If Your Phone Is Seized
Section titled “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
Section titled “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
Section titled “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
Section titled “Resources”Legal Support
Section titled “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
Section titled “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
Section titled “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
Section titled “Quick Reference”Your mantra:
“I am recording from a public space. I am not interfering. This is my First Amendment right.”
If confronted:
- Stay calm
- Assert your right
- Step back if asked
- Keep recording
- Do not delete
- Seek legal help if needed