Following the Facts Behind the Attack on the Southern Poverty Law Center

We launched an investigation into the Department of Justice’s (DOJ) prosecution of the Southern Poverty Law Center (SPLC) this week, following whistleblower allegations that senior DOJ official Aakash Singh ordered prosecutors to rush the indictment despite concerns about the strength of the case.

We filed a series of Freedom of Information Act (FOIA) requests with DOJ for records that could shed light on Singh’s role in the prosecution including his communications with Acting U.S. Attorney for the Middle District of Alabama Kevin Davidson. 

The allegations against Singh raise broader concerns about DOJ’s escalating attacks on individuals, civil society organizations, protest movements, universities, media organizations, and other institutions that President Donald Trump sees at odds with his political agenda.

“The public deserves to know whether federal prosecutorial power is being abused to target organizations and individuals based on politics and ideology rather than facts and the law,” our Executive Director Chioma Chukwu said. “That threat extends far beyond a single organization — it strikes at the core of civil society and the ability of people to speak out, organize, advocate, and dissent without fear of government retaliation.”

It shouldn’t be this hard to find out what ICE and local police are up to

The Trump administration has dramatically expanded Immigration and Customs Enforcement’s 287(g) program, which gives local police the power to act as immigration agents. More than 1,700 law enforcement offices across the country have now signed 287(g) agreements — but the American public does not have access to key information about which law enforcement offices are involved, how ICE is training the officers, and who it is using the program to target.

We have filed hundreds of public records requests to learn more about the agreements. But ICE has created a public records catch-22: Local law enforcement agencies say that only ICE can respond to public records requests about 287(g) partnerships, while ICE says that only local law enforcement officers have access to that information. 

Public records requests are essential to find out what ICE is doing — they are how we gained access to the agency’s trainings on use of force, and how we revealed that federal immigration officers killed Ruben Ray Martinez. By sidestepping the public records process, ICE is keeping the public in the dark about its operations and agreements with local police — and it could further open the door to abuse of power.

Investigative journalists are running into similar obstacles. According to the Florida Trib, ICE recently sent hundreds of participating law enforcement offices in Florida and Texas a directive not to release requested records related to 287(g). The directive said that “information obtained or developed” through the program is “under the control of ICE” and cannot be released without federal approval, including documents created by local law enforcement.

Next on the docket

We’ll be in court on Wednesday, May 13, arguing for an emergency order to stop the Trump administration from destroying or refusing to capture its records.

Trump has been playing games with records that belong to the public for years. But the Presidential Records Act is clear: Trump’s records belong to the American people, and the White House does not get to decide which of its documents are preserved, hidden, or destroyed.

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American Oversight in the news

• How the unreported killing of an American by ICE shattered two Texas families (Texas Tribune)
• While ICE cracked down on L.A. protests, Marines were told to use force as ‘last resort’ (Los Angeles Times)
• Inside Trump’s assault on public records (Axios)

Other stories we’re following

• Trump administration demands names of 2020 election workers in Georgia (New York Times)
• How measles reporting gaps by ICE, hospital delayed El Paso’s response to outbreak (El Paso Matters)
• VA conducted internal investigations into employees who attended vigil for Alex Pretti (CNN)