NPPA Assisting ACLU
NPPA Seeks Member Input on DHS and FPS Interference with Newsgathering
by Mickey Osterreicher • November 12, 2025
The American Civil Liberties Union (ACLU) is exploring potential litigation against the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), and other federal agencies following reports that journalists and visual journalists have been harassed, detained, injured, or otherwise retaliated against while documenting immigration-related activity.
As NPPA’s General Counsel, I’ve been in contact with the ACLU regarding these incidents and their effort to determine whether a broader pattern of misconduct exists nationwide. To assist in that effort—and to help ensure journalists’ rights are protected—we’re asking NPPA members to share any first-hand knowledge of interference, intimidation, or retaliation by DHS, ICE, or other federal agents while covering immigration arrests, raids, or protests.
New DHS Rule Expands Federal Authority and Recording Restrictions In addition, DHS has recently implemented a new regulation expanding the authority of the Federal Protective Service (FPS) beyond federal property lines and revising restrictions on photography and recording in and around federal facilities.
The new rule, which took effect immediately after being advanced from its original January 1, 2026 start date, allows FPS officers to enforce “protection of federal property” provisions outside federal grounds and restricts photography or video “that impedes or disrupts access to or operations.”
While certain exceptions permit recording from public areas, NPPA is deeply concerned that this expansion of authority could increase the likelihood of confrontations between journalists and federal personnel—especially near ICE offices or during immigration-related protests.
If you have been involved in, witnessed, or are aware of any incidents in which law enforcement officers or FPS guards invoked, cited, or mentioned these new regulations while attempting to restrict or interfere with your newsgathering, please contact NPPA.
How to Report an Incident Members can share information by emailing: lawyer@nppa.org Please include:
Date
Location
Agency involved (if known)
Brief description of what occurred
All submissions will be treated confidentially and may be used to help inform advocacy or legal efforts protecting press freedom. Background Resources
Federal Register: Protection of Federal Property (January 2025)
NOTUS report: DHS Rule Expands Federal Authority Beyond Property Lines
Thank you for helping NPPA defend press freedom and accountability.