Media

ICE announces policy to subpoena and arrest news reporters

Editor: the report below is republished, with minor edits, from a June 13 press release issued by U.S. Immigration and Customs Enforcement (ICE), an $8 billion department within the U.S. Dept. of Homeland Security. Guidelines for arresting media are covered in Section 2.5 of the policy (see link in first paragraph).

When the Dept. of Homeland Security was created after the 9/11 attacks, both Sen. Patrick Leahy and then-Rep. Bernie Sanders expressed concerns about potential abuse of the First Amendment and other Constitutional rights. Vermont Daily Chronicle will be reaching out to their offices for their comment.

U.S. Immigration and Customs Enforcement (ICE) June 13 announced a new policy to issue subpoenas to members of the news media. The policy, “Use of Compulsory Investigative Tools to Obtain Information or Records Related to the Journalistic Activities of Members of the News Media,” is “designed to appropriately balance the interests of protecting national security, public safety, and border security, while safeguarding press freedoms,” the press statement said.

“The use of investigative tools to obtain information or records related to the journalistic activities of members of the news media is not a standard ICE investigative practice,” said ICE Acting Director Tae D. Johnson. “Under this new policy, we are taking steps to protect free speech and individuals’ rights under the First Amendment, while continuing to focus ICE resources on individuals who pose a threat to national security, public safety, and border security.”

The ICE Deputy Director must approve the use of any compulsory investigative tool, including administrative and judicial subpoenas, or court orders, that seeks to obtain or may result in the disclosure of information or records related to the journalistic activities of members of the news media. In the event that the ICE Deputy Director approves the use of a compulsory investigative tool, the affected member of the news media shall be given advance notice before the compulsory investigative tool is utilized, unless doing so would pose a clear and substantial risk to the investigation, national security, or the life and safety of the individual.

The use of a compulsory investigative tool should only be approved where there is reason to believe that a crime has been committed and the information or records related to the journalistic activities of the member of the news media are essential to the investigation and following attempts by ICE to first obtain the essential information from alternative, non-media sources. ICE must also have made reasonable attempts to obtain the information or records voluntarily from the relevant member of the news media unless compelling reasons exist against taking this action.

In addition to the use of any compulsory investigative tool, such as administrative and judicial subpoenas, court orders, and certain applications for search warrants, the policy also applies to applications for warrants under Federal Rule of Criminal Procedure 41 to search premises or property where such a search may lead to information or records regarding the journalistic activities of a member of the news media. The directive also requires that officers and agents receive annual training regarding the policy’s requirements.

The policy was signed and implemented as directed by the 2022 Consolidated Appropriations Act.

Categories: Media

7 replies »

  1. Marxist States of Communism.

    Now more than ever, the Truth can ONLY be found within us, where God resides. All else is the work of Yaldebeoth, the imitators, the lightless ones…the wannabe like you and me: Free and en-lightened.

    Kill your TV, your social media, and stop supporting fake news aka programming aka propagandizing.

    • Sorry…sticking your head in the sand and not listening to what is really going on,puts you in a position of weakness with your detractors.There is no doubt that they have their ideology solid.
      To have an impact on your life and the lives of others,you must be aware and engaged.I have conversed with many people
      who I have offered a reasonable,opposite position,and I actually think alot of them get it.
      One should not feel free and enlightened by disengaging.

  2. Holy Moly…….is this the lead in to “pre-programming the narative”?
    what I noted most is
    “designed to appropriately balance the interests of protecting national security, public safety, and border security, while safeguarding press freedoms,” the press statement said”
    as far as I’m concerned the government is the most grievous violator of this statement
    wow, and wow……
    I’m rereading “1984” right now, and oh my gosh….it is uncanny how it’s playing out…..

  3. And none of this was about Communism, correct Bernie Sander’s “democrat socialists”?

  4. Oh and by the way Communists, er, a, “democrat socialists” such as all those in our legislature – you will NEVER get away with this.

    Unlike Canada, unlike the former Soviet Union, unlike China, unlike Venezuela, etc. etc. – the USA has a CONSTITUTION and within it the FREEDOM OF PRESS.

    And the militia is armed……look up the definition of “militia” – it is a CITIZEN SOLDIER with NO affiliation with any nation’s armed services.

    Vermont Legislators – You are TREACHEROUS, cowardly, TRAITORS who shall ultimately FAIL.

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