Since the beginning of President Donald Trump's immigration crackdown in January 2025, the Department of Homeland Security (DHS) claims more than 1.1 million people have been arrested by Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) combined. But so far, the names of most arrestees have been kept secret. This lack of public disclosure threatens Americans' ability to hold the government accountable.

While ICE will disclose some details about detainees, the agency's refusal to provide the names, dates of birth, and locations of detainees violates the Freedom of Information Act (FOIA), according to a federal lawsuit filed by The Marshall Project on Tuesday. In denying FOIA requests for this information, ICE claims the "privacy interests of the individuals in the records…requested outweigh any minimal public interest disclosure of the information," and revealing such information would "increase the risk of misuse, unwanted contact, harassment, stigma, or other privacy harms," according to the complaint.

A curious position given the DHS' own "worst of the worst" website discloses all kinds of information, including names and photos, while boasting about the detention of select immigration detainees with criminal records. 

It's true that publicly disclosing someone's arrest, particularly a criminal arrest, may damage their reputation. But it's a necessary tradeoff to ensure a functioning democracy. Disapproval of anonymized arrests dates back to the Magna Carta. This pro-liberty stance was adopted early in America's Founding. In Federalist No. 84, Alexander Hamilton denounced the "practice of arbitrary imprisonments" as "the favorite and most formidable instruments of tyranny." He went on to cite Sir William Blackstone, an English jurist who greatly influenced America's Founders, quoting: "The confinement of the person, by secretly hurrying him to jail, where his sufferings are unknown or forgotten, is a less public, a less striking, and therefore a more dangerous engine of arbitrary government." 

Throughout much of American history, law enforcement agencies have disclosed the identities of those arrested through police blotters and other means in the name of transparency and government accountability. Today, 27 states have codified this practice, according to an amicus brief filed by the American Civil Liberties Union (ACLU) in a similar but separate case involving ICE's refusal to release the names of those arrested during a 10-day immigration enforcement operation in Chicago. And even when statutes don't plainly state arrest logs qualify as public records, courts have consistently held they do, the ACLU argues. Indeed, the Supreme Court has already ruled that the constitutional right to privacy does not extend to the publication of official acts, such as arrests. 

"We are seeking transparency and access to information that have existed within the criminal justice system for centuries," said The Marshall Project's editor in chief, Jennifer Peter. Concealing the names of detainees "makes it far more difficult for their loved ones and attorneys to help them—and for organizations like The Marshall Project to shine a light on what's truly happening within immigration camps," Peter continued.

Trump immigration crackdown has been a source of ongoing debate since its inception. Leading up to the 2026 midterm elections, a recent New York Times poll found that 50 percent of Americans trust the Democratic Party to do a better job of handling immigration, compared to 46 percent trusting Republicans more. 

Opponents of Trump's approach to immigration have routinely cited concerns over the use of force, wrongful arrests, detentions, and deportations, including those of U.S. citizens, and the mistreatment of detainees. Proponents of limited government and financial accountability have also raised concerns over the opaque yet explosive expansion of federal agencies, including over $200 billion in funding for FY 2027 and the 100 percent increase in both CBP and ICE funding, reaching nearly 44,000 agents combined, all in the name of immigration enforcement. 

Since the Founding, Americans have been rightly skeptical of government overreach and the potential to abuse arrest powers. In the era of Trump's immigration crackdown, this skepticism is even more warranted, and accountability is even more needed.

The post The Founders Warned Against Secret Arrests. ICE Is Testing That Principle. appeared first on Reason Magazine.

The Georgia officer responsible for killing a 1-year-old miniature donkey, HeeHaw, has filed a motion to dismiss the lawsuit against him, claiming the body camera footage proves he "reasonably believed the donkey posed an imminent threat to a fellow officer." But even if it doesn't, the officer argues he is immune from liability. 

In the early morning hours of August 30, Hannah Michelle Israel was at her Cedartown home in western Georgia when she received a distressing phone call. A supervisor with the Cedartown Police Department "tersely informed [Israel] that a donkey on her property had been 'dispatched,'" according to her federal lawsuit. After some clarification, she learned that police had not only entered her enclosed private property in the middle of the night without permission while looking for a missing person, but also shot and killed her miniature donkey in the process. 

Israel immediately set out to search for her beloved pet, HeeHaw, only to find her bottle-raised donkey's lifeless body alone in her field. Israel told ABC7 News the incident has left her "traumatized and shocked." She continued, "I honestly can't even believe he's not here…There's no words."

Demanding accountability, Israel filed a lawsuit in the U.S. District Court for the Northern District of Georgia in September against the shooting officer, Officer Trenton Ryan Garner, for violating her Fourth Amendment rights and submitted a separate demand for $1 million from the City of Cedartown.  

Last week, Garner responded by asking the court to dismiss the case, arguing in part that he did not violate Israel's constitutional rights when he entered her property. Under the open fields doctrine, there is no reasonable expectation of privacy in one's pastureland, even if enclosed. Further, the motion argues, exigent circumstances existed in the search for a missing 12-year-old girl. 

As far as HeeHaw is concerned, Garner claims he acted reasonably by using deadly force and argues the footage clearly shows HeeHaw "charging" and posing an "imminent threat to a fellow officer." 

However, the footage, posted by the Civil Rights Lawyer Raw, may not be so clear-cut. Garner's body camera was off at the time of the shooting but had a "rolling buffer of video," a recording without audio of the 30 seconds preceding activation of the camera, according to court documents. During the silent portion, two officers and a bloodhound are in front of Garner with flashlights in a dark field. A small donkey, roughly 3 feet tall, appears and slowly moves toward one of the officers. The officer backs away slowly, but the donkey moves closer and picks up speed. Garner pulls his gun and fires. The donkey turns and runs before falling over.

Whether Garner reasonably believed HeeHaw posed an imminent threat to his fellow officer may be up for debate.

When the audio kicks in, a fellow officer asks, "Why'd you shoot it up?" "I don't know," Garner responds rather nonchalantly before telling dispatch he had to shoot a donkey because "it was trying to attack." If another officer on the scene wasn't sure why Garner used deadly force, perhaps the decision wasn't so reasonable after all. 

In her lawsuit, Israel accuses Garner of needlessly killing HeeHaw "maliciously…and recklessly, with deliberate indifference…for [Israel's] constitutional rights." The suit continues: "No reasonable officer in…Garner's position would have believed that such force was necessary or justified." 

But whether Garner acted reasonably or not by shooting HeeHaw, qualified immunity may still shield him from accountability. Qualified immunity is a legal doctrine that protects government actors from lawsuits alleging rights violations, unless the right is clearly established. In practice, that means plaintiffs must be able to point to a previous court ruling in a case with the same circumstances to show that the right was obvious to government officials. 

The bar can be quite high to show a right is clearly established. For example, in March, the Supreme Court reversed a 2nd Circuit decision in a case involving an officer who was sued for using a rear wristlock to arrest a protester. The 2nd Circuit denied qualified immunity, reasoning that a previous case from 2004 clearly established that rear wristlocks used to arrest anti-abortion protesters constitute excessive force. But the Court disagreed, stressing that "principles stated generally, such as that 'an officer may not use reasonable and excessive force,' do not suffice." 

And while there may be ample cases involving officers shooting pet dogs, cases involving miniature donkeys are in short supply. If the court finds that there is no clearly established rule that specifically prohibits officers from shooting a miniature donkey moving toward a fellow officer in the dark, the court may end up dismissing the case and sidestepping both the reasonableness and constitutional questions entirely.

The post Georgia Cop Who Shot a Miniature Donkey Says Body Camera Footage Shows an 'Imminent Threat' appeared first on Reason Magazine.