LA journalists sue Noem over DHS response to unrest amid immigration raids

The Los Angeles Press Club and other journalists are suing Kristi Noem, Department of Homeland Security (DHS) secretary, for using “Unnecessary and excessive violence to prevent them from exercising their First Amendment rights.”

The lawsuit also accuses DHS of violating the Fourth Amendment prohibiting arbitrary arrests, and the Fifth amendment, which demands due process of law.

“Since June 6, at least seven members of our organization have been subject to use of force or suffered a serious press rights violation by DHS officers,” Adam Rose, press rights chair of the Los Angeles Press Club, said in a statement. 

“Democracy depends on an informed public. An informed public depends on a press free to do its job without fearing violence by federal agents.”

On June 6, protests erupted in Los Angeles while Immigration and Customs Enforcement (ICE) were conducting raids in the garment district rounding up undocumented immigrants.

On June 8, President Trump sent in 1,700 National Guardsmen and 700 Marines to help control the protests without California Gov. Gavin Newsom’s (D) request or consultation.

As protests grew, so did the violence. Some protesters were throwing rocks at law enforcement or burning vehicles. Law enforcement was shooting rubber bullets and using tear gas against protesters.

The legal complaint reads, “DHS agents did not target their assault towards people posing a threat in any way. Rather, they fired their weapons indiscriminately and at every angle in front of them in the direction of the gathered community, hitting people in the head with projectiles and choking them with tear gas. Some agents shot tear gas canisters and rubber bullets directly at people as they did this.”

On June 18, Trump sent another 2,000 additional troops to the area.

In a statement to The Hill, DHS assistant secretary Tricia McLaughlin said, “The First Amendment protects speech and peaceful assembly – not rioting. Anyone who actively obstructs law enforcement in the performance of their sworn duties will face consequences, which could include arrest. ICE officers are facing a 500% increase in assaults against them as they put their lives on the line to arrest murderers, rapists, and gang members.

She added, "We remind members of the media and journalists to exercise caution as they cover these violent riots. President Trump and Secretary Noem are committed to restoring law and order in Los Angeles and around the country. No lawsuit, this or any other, is going to change that.”

The plaintiffs are arguing that the excessive use of force led to many journalists being unable or fearful of covering the protests, essentially limiting the amount of press coverage.

“What happened in LA isn’t just a press crackdown, it’s an assault on the rights of all Americans, especially working people,” said Jon Schleuss, president of NewsGuild-CWA in a statement. “This state-sanctioned violence against journalists is meant to stop the public from learning the truth.”

The lawsuit explains how multiple journalists were hurt in their encounters with DHS.

Journalist Sean Beckner-Carmitchel was shot in the head with a rubber bullet and a tear gas canister by DHS agents on June 7, the complaint alleges.

The same day, Ryanne Mena, who was wearing visible press credentials and working with the Southern California Newsgroup, was shot with a pepper ball and rubber bullet.

This lawsuit was accompanied by a temporary restraining order meant to halt DHS’ actions in LA by the weekend. The request was denied on Friday.

Updated at 6:51 p.m. EDT.