Federal judge holds DHS in contempt over Los Angeles immigration sweeps

Administration Federal judge holds DHS in contempt over Los Angeles immigration sweeps Comments: by Ashleigh Fields - 08/05/26 6:48 PM ET Comments: Link copied by Ashleigh Fields - 08/05/26 6:48 PM ET Comments: Link copied

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A federal judge held the Department of Homeland Security (DHS) in contempt following the agency’s delay in complying with an order to release digital copies of communication on the cellphones of more than 800 immigration agents, according to an order unsealed Tuesday.

District Judge Maame Ewusi-Mensah Frimpong, an appointee of former President Biden, ordered DHS to provide imaging from agents’ personal cellphones in January following several immigration raids in Los Angeles last year.

In the order, plaintiffs alleged the cellphone communications had evidence to support racial profiling allegations against immigration officers.

The American Civil Liberties Union (ACLU), Public Counsel and other immigration advocacy groups also accused agents of using racial slurs during interactions and argued that access to cellphone data would provide evidence to support their claims.

In June, DHS told Frimpong they were processing three phones every two weeks for digital imaging, according to The Associated Press.

At that rate, it would take almost four years to uncover information tied to the phones.

The ACLU argued that DHS “simply proceeded to thwart” Frimpong’s order “by dragging their feet on imaging government-issued cell phones and by openly defying the order as to personal phones,” per The Associated Press.

In response to the prolonged processing rate, Frimpong issued a $500 recurring daily fine to DHS until it produced the phones for discovery and ordered the agency to pay legal fees for plaintiffs awaiting the fulfillment of her order.

DHS argued in December that agents don’t use their personal phones to text about work-related matters but later testimony from five individuals ultimately rebuked their claim.

In April, DHS said it doesn’t have jurisdiction over the phones in an argument that was rejected by a magistrate judge in July, according to NOTUS.

On July 28, Frimpong wrote that DHS had been granted “plenty of time” to turn over cellphones, ultimately holding the agency in contempt of her order.

“Given that Plaintiffs have shown by clear and convincing evidence that the Defendants violated a specific and definite order of the court, the burden shifted to Defendants to demonstrate why they were unable to comply,” Frimpong wrote in her contempt order, NOTUS reported.

“They have failed to do so,” she added.

As a result, DHS paid a $3,500 fine for the delay on Tuesday. The agency did not immediately respond to The Hill’s request for comment.

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