First Amendment

DHS Says It Has 'Zero Tolerance' for Protesters' 'Verbal Assaults.' Here's What the Law Says.

Protesters continue to clash with law enforcement outside the Delaney Hall immigration detention facility, but questions remain over whether DHS policies comply with First Amendment law.

Autumn Billings | 6.9.2026 11:36 AM

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Protests over poor living conditions for detainees at Delaney Hall immigration detention center erupted over the weekend, leading to the arrest of over 80 people, the Associated Press reported on Saturday. Some of the protesters arrested by Immigration and Customs Enforcement (ICE) agents are accused of assaulting law enforcement officers, obstruction, and threats. But questions remain about whether the Department of Homeland Security's (DHS) enforcement policies violate the First Amendment and chill speech on the ongoing public debate over immigration policies.

The crackdown on protesters is not surprising given Homeland Security Secretary Markwayne Mullin's statements during congressional hearings last week, in which he took a hard line against violent protesters. During a House Committee on Homeland Security hearing on June 3, Mullin testified that he is "OK with protest," so long as it is done "in a peaceful way, in a legal area." However, Mullin asserted, he has "zero tolerance" for individuals who "verbally assault our officers," "go after our vehicles," or
"assault our property." "You assault one of our officers, we will find you. We will arrest you," he continued. 

While Mullin is right that the destruction of government property and........

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