As part of a coordinated effort that undermined the freedom of the press, the U.S. government tracked, detained, and interrogated journalists who were reporting on conditions at the U.S.-Mexico border. Now, we’re suing on their behalf to defend their First Amendment rights.

Together with the New York Civil Liberties Union and the ACLU of San Diego & Imperial Counties, we’re representing five photojournalists who traveled to Mexico in late 2018 and early 2019 to document the experiences of people traveling by caravan towards the U.S.-Mexico border. Their photographs were subsequently published by news outlets such as The New York Times and The Intercept.

On multiple separate occasions, border officers detained each journalist as they sought to return to the U.S. They interrogated the journalists about their coverage of the caravans of people traveling, and asked them about their observations of conditions at the U.S.-Mexico border, including in shelters. A couple of the journalists were also presented with a book of headshots and asked to identify people they recognized. Some of the journalists were forced to disclose the photographs they had taken in Mexico to border officers, and one officer captured some of these photos with a cell phone.

The interrogations and searches were part of a concerted government effort. A secret government database leaked to the public in March 2019 revealed that the five journalists were specifically targeted as part of a broad group of people including lawyers, a pastor, and immigration advocates working at the southern border. Reporting on the database also revealed that the U.S. government coordinated with Mexican authorities to monitor these individuals.

The database contained the photos and personal information of the journalists in our case, including their name, date of birth, the fact that an alert had been placed on them, and a notation of whether they had been subjected to interrogation. Three of the photos were crossed out with a bold X on them. A fourth, which wasn’t crossed out, stated: Pending Encounter.

One of the journalists in the case was also denied entry to Mexico during the time period of the interrogations, preventing her from continuing her work there.

The border officers’ targeting, detention, and questioning of the journalists was unconstitutional. The government violated the First Amendment by compelling each journalist to disclose confidential information about their observations as journalists and about their sources, including the identities of people with whom they may have interacted while working in Mexico.

The government’s disturbing actions also risk deterring other journalists from performing their vital function, which enables us to hold our government accountable. The public needs to know what is happening at the southern border, including about how the government treats asylum seekers. A free and independent press plays a crucial role in documenting these conditions and informing the public. Journalists must be free to continue this critically important work.

That the government’s actions occurred at the border makes them no less unlawful. Border officers at ports of entry may ask questions relating to immigration or customs, but they may not use border screening as a pretext to interrogate journalists about their work. Even in the case of federal law enforcement investigations, journalists enjoy basic protections that play an important part in preserving the freedom of the press. Allowing the government to force journalists to reveal information about their work and sources simply because they travel in and out of the U.S. would imperil that freedom. 

When the government tries to circumvent constitutional protections, we must hold it accountable. No journalist should have to fear government interference for having the persistence, courage, and commitment to expose the truth.

Scarlet Kim, Staff Attorney, ACLU National Security Project
Esha Bhandari, Staff Attorney, ACLU Speech, Privacy, and Technology Project
& Mitra Ebadolahi, Border Litigation Project Staff Attorney, ACLU of San Diego & Imperial Counties

Transgender people are criminalized for our bodies.

We are profiled, stereotyped, and presumed guilty based on the way we look or for failing to meet gender expectations, and it must stop.

Nearly one in six transgender people has been incarcerated. For trans people of color, the number is one in two. It’s staggering, and it demonstrates the deep bias in our current laws and criminal justice system.

This World AIDS Day, let’s not forget that transgender women — particularly trans women of color — are also more likely to be living with HIV than cisgender people. The fight for trans justice cannot be separated from the work to reduce new transmission and provide care to those who are living with HIV, while ending stigma and criminalization for having HIV. To win this fight, we must decriminalize sex work.

Since the passage of the Stop Enabling Sex Traffickers Act (SESTA) and Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA), trans sex workers have been pushed to hit the streets late at night or take other risky actions, which put them in more danger. They aren’t able to screen their clientele and can’t take precautions to protect themselves in case something bad happens to them.

Being back on the streets increases the risk for unsafe sex practices. Economically marginalized people face increased pressure to engage in risky behavior and have less ability to control their activities.

Trans women of color are frequently profiled as sex workers even when they are not engaging in sex work. This has highly impacted undocumented sex workers, who are at even higher risk of harassment and abuse. Walking while trans laws and no condoms as evidence laws can help stop the profiling of trans women and especially trans women of color.

Trans people who choose to engage in sex work still need the law to protect against coercion, violence, and abuse.We face arrest, abuse and violence. We deserve a legal system that protects us, not only from incarceration, but also from the dangers of life on the street where many of us are forced to turn for survival.

That’s why the ACLU’s Trans Justice campaign, along with local partners and organizations led by current and former sex workers, is fighting to end the targeting of trans people by decriminalizing sex work. Such reform would help to protect sex workers from HIV, lowering the risk of putting themselves in compromised situations. It would make interacting with clients safer, reduce violent interactions with police, and lessen the fear of talking to the police when abuse does happen.

This reform is especially important for sex workers living with HIV. In many states, what would normally be misdemeanor charges related to sex work become felonies for people living with HIV. These laws have been used to send trans women and others living with HIV to prison for years, even when there was no risk of HIV transmission. In some states, after incarceration, they need to register as sex offenders. These laws not only don’t stop HIV transmission — they make it more likely. They spread misinformation and stigma about HIV, push sex workers and clients into riskier choices, and make it harder for people to survive.

As the World Health Organization has found, sex workers are among the most vulnerable to HIV, and laws criminalizing their activities increase violence and stigma against them.

Sex workers deserve protection from violence and access to health care free from stigma. By changing our laws, we can bring sex work out of the dangerous corners of the world and into the light where people are protected — not targeted — by the law.

LaLa B Holston-Zannell, Trans Justice Campaign Manager, ACLU

The ACLU and the ACLU of Tennessee filed a lawsuit against the Smith County School System for violating the separation of church and state on Monday. According to the lawsuit, four students who are atheists have had to contend with school officials promoting Christianity through official prayers, Bible distributions, religious posters, and even a giant cross painted in one of the school’s athletic facilities.

We asked our three high school clients in this case — Harleigh, Leyna and Pyper — to tell us about their experience, their friendship, and why they decided to sue their school district.

What has your school environment been like for you?

Harleigh: Overall, it’s really uncomfortable. You feel like you don’t fit in at all.

Leyna: To be honest, it’s kind of awkward having to deal with everybody making it seem like you have to believe in one thing, just like them.

Pyper: Mostly it’s just uncomfortable and feeling like you don’t fit in.

Atheists and nonreligious people are one of the most rapidly growing groups in the U.S., yet they still face significant mistrust and discrimination. Are you worried about this lawsuit revealing to your peers and those in your community that you’re atheists?

Harleigh: I feel like if we do, we’ll be seen as mistrusting or misleading, or a bad influence. I haven’t really talked about it except with my close friends, to be honest, and most of them are atheists.

Leyna: I don’t really hide it because it’s not really something that I should hide. Everybody can express their religion. Why shouldn’t I be able to express the fact that I’m an atheist?

Pyper: I’m not really that worried about it because most people already know that I’m not religious.

How has your friendship helped you get through a school environment that has been hostile to, or at least not very welcoming to, non-Christians?

Harleigh: You kind of have someone to talk about it with, you know?

Leyna: It’s definitely more reassuring to know that we’re able to talk about it. I can’t just look at somebody else and be like, “Oh, this is kind of wrong, what [school officials] are doing, because most people will look back at me like, “What are you talking about? This is normal.”

Pyper: Yeah, you always have some to talk to about it. And then at school when something happens [with promoting religion], you have someone to tell.

Pyper, you are a member of the girls’ soccer team. Your coach has directed team prayers before every game. What was your initial reaction when it first happened? 

Pyper: I was kind of confused on why we’re doing it because not everyone is religious on my team, and I feel like [the coach] knows that, so I was confused.

Did you ever think about telling the coach you didn’t like it or that it was inappropriate?

Pyper: I thought about that but I didn’t want to be benched or kicked off the team.

Harleigh, as a member of the marching band, you have to attend every football game, and all the home games start out with a prayer over the public address system. What type of message do you think that sends to you, the other students, and the community members who are gathered for the game?

Harleigh: I feel like it’s almost like it’s coercing everybody to be the same. I feel uncomfortable because I feel like I’m the only one sitting there not participating.

Leyna and Pyper, when you were in middle school, two school officials who were responsible for promoting religion also made some anti-LGBTQ remarks. One told fifth and sixth graders last year that same-sex relationships would not be tolerated. Another would scold students who discussed same-sex crushes. What was your reaction?

Pyper:  I was just kind of shocked that the straight people can express their feelings about a boy or a girl but LGBTQ people can’t do the same.

What are you hoping will happen as a result of this lawsuit?

Harleigh: I want to feel like I can go to school and not feel like I’m not a part of what is happening. Or go to a football game and not feel uncomfortable for the first 20 minutes. I want to do normal teenage things at school without feeling like I don’t fit in.

Pyper: Just wanting to fit in. When you’re not bowing your head, people look at you weird.

Leyna: I respect other people’s religion, and I would like it if everyone else would respect my beliefs.

What advice would you give to other teens that are facing similar circumstances at their public schools? 

Harleigh: Find a good group of friends that you do fit in with that have the same beliefs as you and don’t feels so coerced by everybody else.

Pyper: Probably just not be scared to speak up to say what you believe in.

When you three aren’t doing school activities or standing up for your rights, what do you do for fun?

Harleigh: I like to draw a lot and paint. I’m into surrealism.

Pyper: I like to take pictures.

You’re a photographer for the school yearbook, right?

Pyper: Yes, ma’am.

Are you hoping that this lawsuit will make it easier to attend school events as part of your yearbook photography duties?

Pyper: Yes, ma’am.

Leyna, what do you enjoy doing when you’re not busy with school and fighting for your rights?

Leyna: I usually do my makeup or I cook something.

What would you say to someone in this situation who can’t find a group of like-minded friends?

Pyper: Don’t try to be someone you’re not just to have a group of friends.

Heather L. Weaver, Senior Staff Attorney, ACLU Program on Freedom of Religion and Belief