The Department of Homeland Security said Tuesday that it does not have a database of “domestic terrorists,” a day after two Mainers sued the agency, claiming agents told them that they would be added to that list.
Portland residents Elinor Hilton and Colleen Fagan filed a lawsuit Monday against Homeland Security and its subagencies after agents allegedly told both women that they were “domestic terrorists” because they were filming U.S. Immigration and Customs Enforcement activity.
“There is NO database of ‘domestic terrorists’ run by DHS,” Assistant Secretary Tricia McLaughlin said Tuesday.
“We do of course monitor, investigate and refer all threats, assaults and obstruction of our officers to the appropriate law enforcement,” she added.
The lawsuit, filed in U.S. District Court of Maine in Portland, says the federal government violated Hilton and Fagen’s First Amendment rights to free speech and assembly, as well as retaliated against and attempted to intimidate the women.
Both women used their phones to record immigration enforcement activity last month during ICE’s enforcement surge, dubbed by the government as “Operation Catch of the Day.” The agency said it was arresting the “worst of the worst” in Maine — despite the vast majority lacking a criminal record.
During Fagen’s recording of the immigration activity, an agent said to her, “Cause we have a nice little database. And now you’re considered a domestic terrorist, so have fun with that.”
The statement was captured by Fagen’s recording and shared widely on social media.
When Hilton recorded federal agents in South Portland, one agent turned to another and said Hilton was “going on the domestic terrorist watchlist,” the lawsuit said.
During the same interaction, one agent also said to HIlton, “I hope you know that if you keep coming to things like this, you are going to be on a domestic terrorist watchlist. Then we’re going to come to your house later tonight.”
It is a federal crime to obstruct and assault law enforcement, said McLaughlin, who added that the agency’s law enforcement methods follow the U.S. Constitution.