Letter Text (PDF)

Washington (February 3, 2026) - Senator Edward J. Markey (D-Mass.), member of the Commerce, Science, and Transportation Committee, wrote to Todd Lyons, Acting Director of U.S. Immigration and Customs Enforcement (ICE), demanding that Lyons immediately confirm or deny reports that the agency is maintaining a so-called "domestic terrorists" database to track individuals protesting ICE activities. These reports follow public statements from ICE officers and senior Trump administration officials suggesting a "domestic terrorist" database exists. The American people deserve transparency and assurance that the federal government is not violating the First Amendment by monitoring or intimidating individuals engaged in constitutionally protected protest.

In the letter, Senator Markey wrote, "U.S. Immigrations and Customs Enforcement (ICE) officers and senior Trump administration officials have repeatedly suggested that the Department of Homeland Security (DHS) is building a 'domestic terrorists' database comprising information on U.S. citizens protesting ICE's actions in recent weeks. If such a database exists, it would constitute a grave and unacceptable constitutional violation. I urge you to immediately confirm or deny the existence of such a database, and if it exists, immediately shut it down and delete it."

Senator Markey continued, "ICE's establishing a database identifying individuals who have peacefully protested the Trump administration would constitute a shocking violation of the First Amendment and abuse of power. Such a program would chill lawful speech, deter civic participation, and undermine public trust in law enforcement. These are the kinds of tactics the United States rightly condemns in authoritarian governments such as China and Russia; they have no place in a constitutional democracy."

Senator Markey requests answers to the following questions by February 24:

1. Does DHS, ICE, or any component agency maintain, plan to maintain, or contribute to any database, list, or record of individuals engaged in protest activity, including those who have not been accused of any crime?
2. Please provide a copy of the internal memo circulated to ICE personnel, as well as any related directives instructing agents to collect personal information about protesters, bystanders, or individuals filming ICE activity.
3. What guidance has DHS issued to ICE personnel regarding interactions with individuals who record or observe ICE operations in public spaces?
4. What steps is DHS taking to ensure that its agents do not intimidate or retaliate against individuals engaged in First Amendment-protected activity, including protests?

Senator Markey has long sounded the alarm on DHS's growing use of surveillance technology.

• On November 24, Senator Markey wrote to U.S. Customs and Border Protection (CBP) Commissioner Rodney S. Scott, urging the agency to immediately cease using a system of license plate readers (LPRs) and predictive algorithms to monitor the movements of individual Americans.
• On November 3, Senator Markey led his colleagues in requesting that U.S. Immigration and Customs Enforcement (ICE) cease the use of their biometric phone application known as Mobile Fortify following a previous unanswered request.
• On September 11, Senator Markey wrote to ICE's Acting Director Todd Lyons, demanding that ICE cease use of Mobile Fortify and requesting detailed information about its policies and practices surrounding the use of biometric technology.
• On July 31, Senator Markey, along with Senators Alex Padilla (D-Calif.) and Schiff, sent a letter to Secretary of Homeland Security Kristi Noem on the Department of Homeland Security's (DHS) recent usage of Predator drones and aerial surveillance against peaceful protesters in Los Angeles. In the letter, the senators raised concerns about the threat to the protesters' privacy and their constitutional rights that are guaranteed by the First Amendment.
• On June 20, Senators Markey and Ron Wyden (D-Ore.) wrote two letters to Secretary of State Marco Rubio and Secretary Noem about the government's use of artificial intelligence (AI) and other technologies to determine whether an individual poses a national security risk.

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