Federal Judge Grants Class Certification for Journalists in Anti-Immigration Protest Lawsuit
In a significant development, a federal judge in California has granted class certification to plaintiffs in a lawsuit aimed at safeguarding journalists covering anti-immigration protests. U.S. District Judge Hernán Vela acknowledged that the plaintiffs, which include the Los Angeles Press Club and the News Guild, have demonstrated that the Department of Homeland Security (DHS) operates under a policy that treats recordings of its agents as threats, often responding with excessive force.
Implications for Journalistic Freedom
The lawsuit impacts those who peacefully document immigration enforcement, deportation operations, or protests against such actions in the Central District of California, which encompasses Los Angeles and Orange County. Judge Vela’s ruling underscores the critical role of documenting government activity, as emphasized by attorney Matthew Borden, who stated that these actions serve as an essential check against authoritarianism.
Background of the Protests
The protests were ignited in June 2025 when U.S. Immigration and Customs Enforcement (ICE) conducted aggressive immigration raids targeting Latino individuals in public spaces such as parking lots and bus stops. In response to the unrest, then-President Donald Trump deployed the National Guard in Los Angeles, leading to a stern crackdown on civil protests, during which many journalists experienced violence.
Violence Against Journalists
The class-action lawsuit highlights disturbing incidents involving journalists. Among the complaints is that one freelance reporter was struck by a tear gas canister, while another sustained a rubber bullet injury to the head. Longtime photojournalist Ted Sorki reported being targeted by a rubber bullet and a pepper ball. Lexis Olivier Ray, a staff writer for LA Taco, also reported being hit with a pepper ball, showcasing the physical risks journalists faced while covering these events.
Court Rulings on Use of Force
Initially, Judge Berra denied a motion for a temporary restraining order but later issued a preliminary injunction against federal agents using excessive force against reporters and peaceful demonstrators. Judge Berra noted that federal agents from various departments used their crowd control measures with “appalling brutality” as tensions escalated during the protests.
Federal Appeal and Ongoing Legal Proceedings
Federal authorities have since appealed the injunction, labeling it overly broad and unenforceable. A three-judge panel concurred, instructing Judge Vela to narrow its scope. While discussions are ongoing about the adjustments, no final decision has been made to refine the injunction.
Policy Acknowledgements in the Ruling
In his ruling granting class certification, Judge Vela highlighted the plaintiffs’ evidence indicating that DHS maintains a policy interpreting public recordings of employees as criminal threats that can warrant a forceful response. He recognized that the entire class endured similar injuries from consistent actions taken by federal agents, reinforcing the collective nature of the grievance against the DHS.
