Your Right to Film Federal Law Enforcement: ICE, CBP, and Border Patrol (2026)

The First Amendment protects your right to record ICE, CBP, and Border Patrol agents performing their duties in public spaces. Every federal circuit court to address the question has recognized this right, including the First Circuit in Glik v. Cunniffe (2011), which held that filming police carrying out their duties in public is a clearly established First Amendment right.

The right to record government officials — including federal law enforcement agents — is one of the most important tools citizens have for ensuring accountability. As immigration enforcement, border security operations, and federal policing expand in 2026, understanding exactly what you can and cannot do when you witness federal agents in action has never been more important.

This guide covers your legal right to film agents from Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and the U.S. Border Patrol, based on current federal law, circuit court rulings, and agency policies as of March 2026.

This guide is part of our immigrant rights guides, which also cover notario fraud and how to find legitimate immigration help.

The First Amendment Right to Record Federal Agents

The U.S. Constitution does not contain the words "right to record," but federal courts have consistently found that the First Amendment protects the right of individuals to photograph and video record government officials performing their duties in public.

The logic is straightforward. The First Amendment protects the right to gather information about what public officials do on public property. Recording is a form of information gathering. Therefore, recording public officials in public is constitutionally protected activity.

Circuit Court Rulings Supporting the Right to Record

As of 2026, every federal circuit court that has directly addressed the question has recognized the right to record law enforcement officers in some form:

• First Circuit — Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011): Held that filming police officers in the Boston Common was protected by a clearly established First Amendment right.

• Third Circuit — Fields v. City of Philadelphia, 862 F.3d 353 (3d Cir. 2017): Found a First Amendment right to record police activity, even when the person recording is not engaged in overt media or expressive conduct.

• Fifth Circuit — Turner v. Driver, 848 F.3d 678 (5th Cir. 2017): Recognized the First Amendment right to record police performing their official duties in public.

• Seventh Circuit — ACLU of Illinois v. Alvarez, 679 F.3d 583 (7th Cir. 2012): Reversed the denial of leave to amend and directed entry of a preliminary injunction, holding that applying Illinois's eavesdropping statute to openly audio recording police performing their official duties in public was likely unconstitutional.

• Ninth Circuit — Fordyce v. City of Seattle, 55 F.3d 436 (9th Cir. 1995): Early recognition of the right to film officers. Later reinforced by district court rulings.

• Tenth Circuit — Irizarry v. Yehia, 38 F.4th 1282 (10th Cir. 2022): Held that the right to record police was clearly established.

• Eleventh Circuit — Smith v. City of Cumming, 212 F.3d 1332 (11th Cir. 2000): Recognized the First Amendment right to record "matters of public interest" including police activity.

These rulings apply to all law enforcement officers acting in their official capacity — not just local or state police. Federal agents from ICE, CBP, and Border Patrol are bound by the same constitutional framework.

The DOJ's Position

The U.S. Department of Justice has repeatedly affirmed the right to record law enforcement. In a 2012 letter to the Baltimore Police Department, the DOJ stated that "the right to record police officers while performing duties in a public place is a basic, First Amendment-protected right."

While this letter addressed local police, the principle applies equally to federal agents. No federal statute prohibits recording federal officers in public.

Recording ICE Agents

ICE agents conduct enforcement operations in a wide variety of settings: homes, workplaces, courthouses, jails, and public streets. Your right to record them varies depending on the location.

In Public Spaces

You have a clear constitutional right to record ICE agents operating in public. This includes:

• Sidewalks, streets, and parking lots
• Public parks and plazas
• Outside government buildings (from public property)
• Any place where you have a lawful right to be

You do not need to ask permission. You do not need to identify yourself (in most states). You do not need to explain why you are recording.

At Your Front Door

If ICE agents come to your home, you have every right to record the encounter from inside your residence. You can also record through a Ring doorbell, a window, or a peephole camera. Many attorneys recommend recording all interactions with immigration agents at your door.

Key points for doorstep encounters:

• You do not have to open the door unless agents have a judicial warrant signed by a judge (not an administrative warrant signed by an ICE supervisor).
• Recording the interaction creates a record of whether agents identified themselves, stated their purpose, and respected your rights.
• If agents enter without consent or a valid judicial warrant, your recording may be critical evidence.

In the Workplace

Workplace ICE raids present a more complicated situation. While your First Amendment rights still apply, your employer may have policies restricting phone use or recording on their premises.

If ICE enters your workplace:

• You generally have the right to record in common areas and from your own workstation.
• Your employer (not ICE) may tell you to put your phone away based on company policy — but ICE agents themselves cannot order you to stop recording simply because they don't want to be filmed.
• Recordings of workplace raids have been critical evidence in numerous civil rights lawsuits.

Recording CBP and Border Patrol Agents

Customs and Border Protection and the U.S. Border Patrol operate under a different legal framework than ICE in some respects, particularly near the border. However, your recording rights remain largely intact.

CBP's Own Policy on Photography

CBP has an official policy acknowledging the right to photograph and record at ports of entry and Border Patrol checkpoints. According to CBP's website: "Photographing or filming operations at a port of entry, including the inspection of other travelers, is not prohibited."

However, CBP's policy also states:

• You may not photograph or record areas where national security information is displayed.
• You should not physically interfere with or obstruct CBP operations.
• Agents may ask you to move back for safety or operational reasons — and that instruction is generally lawful.

The 100-Mile Border Zone

CBP and Border Patrol exercise expanded authority within 100 miles of any U.S. external boundary — an area that includes roughly two-thirds of the U.S. population. Within this zone, agents can set up immigration checkpoints and conduct limited stops.

Your recording rights within this zone:

• You can record at checkpoints. Numerous court cases and CBP's own policy confirm this.
• You can record Border Patrol agents on public roads and in public spaces.
• You can record from your vehicle during a checkpoint stop.
• Agents may not confiscate your camera or phone solely because you are recording.

At Ports of Entry (Airports, Land Crossings)

Ports of entry present the most restricted environment for recording. While not entirely prohibited, you should be aware:

• CBP officers have broad authority at ports of entry, including the authority to search your belongings and electronic devices.
• Recording the inspection process of other travelers may raise privacy concerns.
• Recording your own inspection or interaction with CBP officers is generally permitted.
• In secondary inspection areas, agents may restrict recording for security reasons.

What Federal Agents Cannot Legally Do

Regardless of which federal agency is involved, agents are subject to constitutional constraints when it comes to your recordings:

They Cannot Order You to Stop Recording in Public

No federal law authorizes ICE, CBP, or Border Patrol agents to order bystanders to stop recording in a public place. An agent who orders you to stop filming and threatens arrest for refusal is violating your clearly established constitutional rights.

They Cannot Seize Your Device Without a Warrant

The Supreme Court's landmark decision in Riley v. California, 573 U.S. 373 (2014) held that police generally cannot search a cell phone without a warrant. This protection extends to federal agents and covers the contents of your device, including recordings.

If an agent seizes your phone without a warrant:

• The seizure is presumptively unconstitutional.
• Any evidence obtained from the phone may be suppressed.
• You may have grounds for a civil rights lawsuit under Bivens v. Six Unknown Named Agents.

They Cannot Delete Your Recordings

Deleting recordings from a citizen's device is destruction of property and potential spoliation of evidence. Courts have held that officers who delete recordings may face both civil liability and disciplinary action.

State Wiretapping Laws and Audio Recording

While the First Amendment broadly protects video recording of federal agents, audio recording adds a layer of complexity due to state wiretapping and eavesdropping laws.

One-Party Consent States

In the majority of states (37 states plus Washington, D.C., as of 2026), you only need the consent of one party to the conversation to record it. Since you are a party to any conversation you have with an officer, you can legally record audio of your own interactions. A few states are partial cases: Connecticut and Nevada require every party's consent only for phone calls, Oregon requires that every participant be informed before an in-person conversation or video call is recorded (a phone call needs only one participant's consent), and Delaware has two conflicting statutes. Michigan's statute reads as all-party, but its courts let a participant record, so it is counted here as one-party.

Two-Party (All-Party) Consent States

In states like California, Florida, Illinois, Maryland, Massachusetts, and others, all parties to a conversation must consent to audio recording. However:

• Most courts have held that officers performing public duties in public spaces have a diminished expectation of privacy, making it difficult to prosecute someone for recording them.
• The Seventh Circuit's ACLU v. Alvarez decision held that Illinois's eavesdropping statute was likely unconstitutional as applied to openly audio recording police performing their duties in public, and directed the district court to enter a preliminary injunction barring the State's Attorney from enforcing it against the ACLU's planned recording.
• Even in two-party consent states, silent video recording (without audio) is generally not covered by wiretapping statutes.

Practical advice: If you are in a two-party consent state, consider recording video with audio muted if you are concerned about legal risk. But know that courts increasingly side with the right to record officers.

Practical Tips for Safely Recording Federal Agents

Knowing your rights is essential, but exercising them safely requires practical awareness. Here are evidence-based recommendations:

Before an Encounter

• Enable automatic cloud backup on your phone (iCloud, Google Photos, or a dedicated app like the ACLU's Mobile Justice app).
• Know your state's recording laws. Check if you are in a one-party or two-party consent state.
• Set your phone to Do Not Disturb so incoming calls do not interrupt your recording.
• Keep your phone charged. Consider carrying a portable battery.

During an Encounter

• Keep a safe distance. Do not approach closer than necessary. Courts have upheld "time, place, and manner" restrictions that require you to stay out of the operational area.
• Do not physically interfere. You may not block agents, touch them, or obstruct their movements. Doing so can result in legitimate arrest for obstruction under 18 U.S.C. 111.
• Stay calm and do not argue. If an agent tells you to move back, comply and continue recording from a greater distance.
• Narrate quietly. State the date, time, location, and what you observe. This adds evidentiary value.
• If ordered to stop recording, calmly state: "I am exercising my First Amendment right to record. I am not interfering with your work." Continue recording if you can do so safely.

After an Encounter

• Do not delete any footage, even if you think it is not important.
• Back up the recording immediately to cloud storage and/or a separate device.
• Write down details you observed: badge numbers, vehicle descriptions, number of agents, what was said.
• Contact an attorney if you witnessed a potential rights violation or if your device was seized.
• Report misconduct to the agency's Office of Inspector General or the DHS Office for Civil Rights and Civil Liberties.

What Happens If You Are Arrested for Recording

Despite clear legal protections, some individuals are still arrested or detained for recording federal agents. If this happens:

1. Do not resist arrest. Comply physically while clearly stating that you believe the arrest is unlawful.
2. Request an attorney immediately. Do not answer questions without legal counsel.
3. Do not consent to a phone search. Invoke your rights under Riley v. California.
4. Document everything as soon as you are released: the names of the agents, their agency, badge numbers, what was said, and the circumstances.
5. Contact a civil rights attorney. Organizations like the ACLU, EFF, and the National Lawyers Guild may be able to assist.

Courts have repeatedly awarded damages to individuals wrongfully arrested for recording police. The qualified immunity defense has become increasingly difficult for officers to invoke in recording cases because the right is now "clearly established" in most circuits.

Frequently Asked Questions

Can ICE agents take my phone if I record them?

Federal agents generally cannot seize your phone without a warrant. The Supreme Court ruled in Riley v. California (2014) that cell phones are protected from warrantless searches. If an agent takes your phone, the seizure is presumptively unconstitutional, and you may have grounds for a civil rights claim. Always enable cloud backup so your footage is preserved even if your device is confiscated.

Is it legal to record Border Patrol at a checkpoint?

Yes. CBP's own policy acknowledges the right to photograph and record at ports of entry and Border Patrol checkpoints. Multiple court decisions confirm that you can record at checkpoints. You should not interfere with operations or block agents, but you are free to record from a reasonable distance or from inside your vehicle.

Can I record federal agents inside my own home?

Yes. You have an absolute right to record inside your own home. If federal agents enter your residence — whether with or without consent — you can record the entire encounter. This recording may be critical evidence if agents exceeded their authority. Make sure automatic cloud backup is enabled in case your device is seized.

Do I need to tell federal agents I am recording them?

In most states (one-party consent states), you do not need to announce that you are recording. In two-party consent states, you technically need the consent of all parties for audio recording, but courts have increasingly held that officers performing public duties have a diminished expectation of privacy. Silent video recording is generally not covered by wiretapping statutes in any state.

What should I do if a federal agent orders me to stop recording?

Calmly state that you are exercising your First Amendment right to record and that you are not interfering with their operations. Continue recording if you can do so safely. Do not argue or become confrontational. If the agent becomes aggressive or threatens arrest, prioritize your physical safety while keeping the camera running if possible. Your footage — even of the agent ordering you to stop — is valuable evidence.