All Americans have a First Amendment right to record law enforcement, including local police and federal officers such as those from Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP). Although the Supreme Court has not squarely ruled on the issue, nine different federal appellate courts have directly recognized and affirmed this right, relying on decades of Supreme Court precedent.

Despite reasonably exercising your First Amendment rights, law enforcement officers may illegally retaliate against you in a number of ways, including arrest, destruction of your device, and bodily harm. They may also try to retaliate by harming the person being arrested. We urge you to remain alert and mindful about this possibility.