You absolutely have the constitutional right to record ICE, Border Patrol, or any law enforcement officer in public, and with everything happening in Charlotte right now, people need to understand that clearly. The First Amendment protects your right to photograph, film, livestream, and observe public officials performing public duties in public spaces.
That means you can legally record from sidewalks, parking lots, public streets, your own property, or even from inside your car, as long as you’re in a public area. ICE and Border Patrol are not exempt from this, they cannot legally force you to stop filming, take your phone, delete your footage, or detain you simply because you are documenting them.
Courts across the country, including the First, Third, Fifth, Seventh, Ninth, and Eleventh Circuits, have repeatedly upheld this right. While officers may not like being recorded, discomfort does not override the Constitution. Filming is not obstruction, and courts have rejected attempts by officers to use “resisting” or “interfering” as a pretext to stop lawful recording.
This matters urgently in Charlotte, where there are multiple reports of ICE agents targeting people who film their operations. Regardless of what ICE claims, recording federal officers in public is legal. Citizen journalism is not a crime. If ICE is uncomfortable with public oversight during large-scale sweeps, the issue is not the cameras, it’s the conduct they don’t want seen.
Your right to document is a crucial safeguard for your community, and no federal agency can take that away. Keep filming, keep documenting, and keep protecting one another. The Constitution is firmly on your side.
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