Greenville activist sues DHS over revoked Global Entry

Michelle Shara, an Upstate activist, was in Charlotte in November recording footage of Immigrations and Customs Enforcement (ICE) activity amid a surge in arrests.

Ten days later, she received an email informing her that her Global Entry status had been revoked. She later learned that other activists and legal observers who had been monitoring immigration operations had experienced the same thing.

Shara is now taking legal action with two other activists and the Electronic Privacy Information Center against the Department of Homeland Security, ICE and U.S. Customs and Border Patrol over the surveillance of protesters. The lawsuit, filed on July 24 in the U.S. District Court for the Southern District of California, accuses the three federal agencies of violating federal privacy laws and retaliating against people who have documented ICE activity.

“It’s about the government collecting data of citizens who were exercising their First Amendment rights,” Shara said. “That’s what this lawsuit is about.”

DHS denies keeping database of protesters

Shara, who has helped organize numerous protests in the Upstate, is identified in the lawsuit under her legal name Jacquelyn Ivey. Nicole Cleland of Minnesota and Anna Walker of California are the two other activists involved in the lawsuit.

Shara said she went to Charlotte as a legal observer, which is someone who acts as a witness to law enforcement or protest activity. She believes it is important to document immigration enforcement for transparency in case DHS accounts of an incident do not align with witness accounts.

“To record, as long as you are not obstructing, it is your first amendment right,” Shara said.

The Greenville activist said she was recording ICE agents from her car when masked agents surrounded her car, demanded she show identification, and threatened to detain her if she didn’t. Agents then took a picture of her face, ID and license plate number. Her Global Entry was revoked 10 days later.

The lawsuit claims that DHS has adopted a protester surveillance policy, where it keeps records on people who have engaged in protests across the country. It states that DHS is using drones, body cameras, face-scanning apps, license-plate scanners and phone cameras to collect this information.

Todd Lyons, acting director of U.S. Immigration and Customs Enforcement, denied that federal agencies are surveilling protesters during a House committee Homeland Security hearing in February. He was also questioned about a specific incident that happened earlier this year, which is the subject of a lawsuit filed by Protect Democracy.

Protect Democracy filed a class action lawsuit in February on behalf of four Maine residents who say they were surveilled by federal agents and told they would end up on a domestic terrorist watchlist.

According to court filings, plaintiff Colleen Fagan was recording immigration enforcement when federal agents approached her and took a picture of her face and vehicle license plate. Court filings state that Fagan questioned agents about why they were recording her information, when an agent told her they have a “nice little database” and she’s “considered a domestic terrorist.”

Speaking during the February hearing, Lyons said he cannot speak for the federal agent involved in the Maine incident, but he insisted there is no federal database.

A DHS spokesperson reiterated Lyon’s stance in a statement on July 30, saying there is “NO database of ‘domestic terrorists’ run by DHS.

“We do of course monitor and investigate and refer all threats, assaults, and obstruction of our officers to the appropriate law enforcement,” the spokesperson stated. “Obstructing and assaulting law enforcement is a felony and a federal crime. Our law enforcement methods follow the U.S. Constitution.”

Activists speak out against DHS actions

Shara said her encounter with federal agents was terrifying, but she initially did not want to speak out against what happened. She saw her experience having her Global Entry revoked as a “little thing” compared to the experiences of immigrants who live in fear of deportation.

She decided to join the lawsuit after learning that a Minnesota activist had experienced a similar situation.

“I thought bigger things are happening, so this little thing doesn’t matter,” Shara said. “She kind of made me realize that every little thing that is not okay matters.”

The July 24 lawsuit accuses the three federal agencies of violating the Privacy Act, which limits how a federal agency collects and maintains personal data. According to the lawsuit, the Privacy Act restricts federal agencies from maintaining records about how someone exercises their First Amendment rights.

The suit also contends that revoking Global Entry for the three activists shows retaliation against individuals for exercising their First Amendment rights.

In a statement, Skye Perryman, president and chief executive officer of Democracy Forward, said that the Trump administration is trying to use “fear and unchecked power” to discourage people from exercising their rights.

“No one should have to wonder whether peacefully observing their government will land them in a federal database or cost them the ability to exercise their rights,” Perryman stated.

The lawsuit seeks to prevent DHS from maintaining records about protesters while reinstating the plaintiffs’ Global Entry statuses. Shara said that plaintiffs want greater visibility and accountability over DHS operations.

Shara’s Global Entry status has since been reinstated, and despite her encounter with federal agents, she has not been discouraged from organizing protests. She recently helped organize Greenville’s “No Kings” protest in March, which protested Trump administration policies like heightened deportations and the War in Iran.

“There’s the fight or flight thing where (some) people are scared,” Shara said. “Unfortunately for everyone who tries to intimidate me, I divert to fight.”

Bella Carpentier covers the South Carolina legislature, state, and Greenville County politics. Contact her at [email protected].

This article originally appeared on Greenville News: Greenville activist sues DHS over revoked Global Entry

Reporting by Bella Carpentier, Greenville News / Greenville News