A federal judge in Los Angeles Thursday heard arguments but made no immediate ruling on a Trump administration bid to dismiss a lawsuit brought by protesters, legal observers and journalists against the U.S. Department of Homeland Security for allegedly attacking them with retaliatory violence in violation of their constitutional rights to protest and report on government actions.
The suit — brought against the agency, DHS Secretary Kristi Noem and others in June by the Los Angeles Press Club, the NewsGuild-Communications Workers of America, three journalists, two protesters and a legal observer — alleges that the DHS use of force at demonstrations against immigration raids over the summer punishes and suppresses the exercise of First Amendment-protected rights.
According to the complaint, DHS misuses weaponry, including chemical agents such as tear gas, rubber bullets, impact munitions, pepper balls, pepper spray, exploding grenades, batons and fists to retaliate against protesters, legal observers and reporters to create a violent spectacle the administration of President Donald Trump is using as a pretext to turn the military against Californians.
In September, U.S. District Judge Hernán D. Vera issued a preliminary injunction blocking DHS — which includes U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection — from retaliating against peaceful protesters, legal observers and journalists. The government is appealing the injunction.
In a 45-page opinion, Vera determined that “the record includes detailed and credible declarations from nearly 50 journalists, legal observers and protesters,” which showed DHS retaliation against people for protesting against and reporting on the violent immigration raids in Southern California.
Since then, the defendants moved to have the court dismiss the case, arguing that allegations in the first amended complaint are factually and legally insufficient to support a claim.
While plaintiffs may have been subject to force in the past, it is not established that “the same plaintiffs will be subject to force again in the future,” according to the defense motion.
At the conclusion of Thursday’s hearing in Los Angeles federal court, Vera took the matter under submission.