Two Maine Women Sue ICE, Saying an Agent Threatened to Put Them on a 'Domestic Terrorist Watch List'

Elinor Hilton and Colleen Fagan filed a First Amendment suit in federal court in Maine on February 23, 2026 against federal immigration officials, alleging the government collects and maintains data on people who observe and record ICE activity. Hilton alleges an ICE officer approached her with pepper spray outside a Portland Home Depot and said, "We're putting you on a domestic terrorist watch list... we're going to come to your house later and arrest you." Fagan says her video captured an agent referring to a "nice little database." The complaint alleges agents used the Mobile Fortify facial recognition application, which reporting describes as drawing on roughly 200 million images. The plaintiffs are represented by JoAnna Suriani of the nonprofit Protect Democracy.

Observing and filming law enforcement in public is protected First Amendment activity in most circuits. The claim here is that the government responded to that activity by identifying and cataloguing the observers, which would chill it. The allegations are the plaintiffs' and have not been tested; the case was pending at filing.