15. I am a student or University employee. Am I allowed to record ICE officers
engaged in immigration enforcement on campus?
Recording in public spaces is generally permissible and protected by the First
Amendment; however, there are potential risks associated with doing so. These risks include that (a) ICE officials may construe the recording as interference with
immigration enforcement efforts, which is illegal (New Jersey recognizes the right to record police activity as a matter of state policy, but this policy does not extend to federal officers); (b) reaching into a pocket or bag for a cell phone or other recording device could be misinterpreted and escalate a situation; and (c) recording may capture the image of bystanders who do not want to be recorded. Posting a recording online could pose additional risks; for example, the government has threatened legal action against individuals who posted the photos, names, and addresses of ICE agents. Individuals should consider these risks before deciding whether to record a particular interaction.