If implemented, a federal database of protest‑related arrests could face court challenges on:
First Amendment grounds (speech and assembly).
Privacy protections (data use limitations).
Legal experts say that while law enforcement can prosecute interference with federal officers, publicly exposing arrestees poses novel legal questions that may require judicial clarification.
8. Conclusion: A Policy at a Crossroads
Tom Homan’s proposal to publicly identify individuals arrested for interfering with federal immigration officers marks a significant escalation in the government’s response to anti‑ICE protests. It reflects the Trump administration’s shift toward a deterrent legal strategy — aiming to protect enforcement actions, discourage civil unrest, and project federal authority.
However, the proposal raises complex legal, ethical, and constitutional concerns, particularly around free speech, due process, and privacy. As this idea develops and potentially moves toward implementation, it will likely face intense public debate and judicial scrutiny.