Maybe the most emblematic photo of the ICE/Border Patrol assault on Minneapolis will turn out to be the one above of Alex Pretti holding up his phone as he confronts a Border Patrol agent on the street.
No, let me revise that. There are several photos of Pretti holding his phone as if it is a shield. There is a photo of Pretti holding his phone in his right hand as he lifts his left hand to protect himself from pepper spray that another agent is shooting directly in his face. Finally, there is the third heartbreaking photo taken as Pretti is being shot that shows his phone still in his right hand as he attempts to struggle to his feet.
We know that Pretti was armed with a handgun. And yet the defensive weapon he wielded throughout his confrontations with masked federal agents was his phone, gripped in the classic position one holds a cell phone while filming, so Pretti could see the video on his phone screen facing him.
There are thousands of photos online showing Minneapolis residents holding their cellphones aloft while videoing masked ICE and Border Patrol agents as they arrest people, crowd through the front doors of homes, shove people to the ground -- all the gross, aggressive stuff they’ve been doing throughout Trump’s “largest deportation in history.” There are more photos showing citizens of Minneapolis holding their cellphones during confrontations with ICE agents in clouds of tear gas, being sprayed in the face with pepper spray, being manhandled by agents who are shoving and herding them.
It is clear from the photos that people’s cellphones are not only being used to record the often extreme and overbearing actions of ICE agents, but for self-defense. Masked agents have guns. Citizens have cell phones. The contrast is remarkable, especially in the photo that shows the masked agent shooting Alex Pretti in the back as he attempts to struggle to his feet, still holding his phone in his hand.
There are court decisions I could quote that establish a First Amendment right of citizens to use a cell phone or other camera to record the actions of law enforcement officers in public where “there is no expectation of privacy,” as at least one of the courts put it. If you are on a public street or sidewalk, or even if you are in a building such as a county facility serving the public in some way – a DMV or a refuse center or even a police headquarters – the same theory applies, that anyone serving the public has no right or expectation of privacy as they carry out their duties to serve the public. That is why people can use their phones to photograph or video police during traffic stops. Cellphones are used defensively because they might provide evidence of police misbehavior, use of disrespectful language, or excessive use of force. Lawsuits against police officers have been won based on video evidence taken with a cellphone.
Homeland Security agents are just the latest law enforcement officers whose misbehavior, excessive force, or illegal actions have been recorded with cellphones. In Minneapolis and Chicago and New Orleans and elsewhere, citizens have deployed their cellphones as a warning to masked agents that even though the agents are concealing their identities, their actions cannot be hidden from people recording them with their phones. We do not yet know the identities of the Border Patrol agents who murdered Alex Pretti, but they have been identified by the color of the knit caps they were wearing, the design of their bulletproof vests, the color and type of their jackets, whether they were wearing olive drab pants or blue jeans. The fact is, neither photographs nor videos tell lies. They record everything. Videos have established that civilians did not move aggressively against agents and did not hit them or hinder their actions. The publication of photos and videos of confrontations in Minneapolis has led to the release of citizens who were arrested for alleged assaults on agents that never happened.
Photos taken by photographers working for newspapers and television news crews have been used in the past to establish that people killed in confrontations with police or National Guard soldiers were unarmed at the time they were shot. The iconic photo of the girl kneeling next to the Kent State student who was killed by National Guard soldiers is one such photo.
But now, everyone is a photographer or a camera operator. Everyone has not only the instrument to record the action, but the ability to quickly publish it online, where as we know from the recent murders in Minneapolis, the photos and videos take on a life of their own.
While cellphones have become instruments of self defense for civilians, ICE and Border Patrol and FBI agents are using cellphones as another kind of weapon, recording demonstrations on the street as potential evidence against arrestees, and to use photo recognition programs to identify protesters for later arrest, or to make them targets of investigation after a protest is over.
Trump’s fascistic campaign against immigrants has turned into a war on American streets. One side, Trump’s side, is armed with guns and flashbang grenades and tear gas and clubs and pepper spray – and with cellphones and drones they are using to record the actions and identities of the other side. The civilians who live in the cities they are terrorizing have their cellphones and goggles and gas masks and not much else.
As in almost all wars, the struggle is lopsided in terms of weapons in favor of one side against the other. But the war in the streets against Trump and Stephen Miller and ICE is being won in the court of public opinion. Trump’s poll numbers are falling rapidly. Recent polls have shown Trump’s net approval underwater at minus 24 points. According to Taegan Goddard’s Political Wire, “Trump is underwater with women by 32 points and with men by 15. He posts catastrophic numbers among voters of color: –71 with Black respondents, –45 with Hispanics, and –48 with Asian Americans. Even among white voters — long his strongest demographic bloc — he is still net negative.”
They have guns and bullets, but we have cellphones and videos, and we are winning.







