U.S. to Prosecute Developer of ICEBlock App

WASHINGTON - July 3, 2025 - PRLog -- U.S. Attorney General Pam Bondi says the Trump administration is planning to prosecute the developer of an app which can be used to alert those at risk of being deported of ICE agents operating nearby.

But while many similar cases have held that there's nothing criminal about warning of nearby police activity in real time, prosecutions involving this novel app may be distinguishable, says public interest law professor John Banzhaf

The new ICEBlock app lets users anonymously drop pins (to pinpoint locations) and share real-time sightings of ICE agents, and also notifies app users when ICE officials are present in the neighborhood.

Court decisions which has addressed a closely related issue - using physical signs or flashing headlights to warn about police traffic speed enforcement (radar) - have generally upheld this practice as free speech protected by the First Amendment, especially because of arguments that such warnings benefit the public by warning drivers to slow down.

But this line of cases, and the argument that warning of law enforcement activity constitutes protected speech, would not necessarily prevent - or even deter - the Trump administration from trying to shut it down by bringing a criminal action, Banzhaf says.

Prosecutors can argue that this situation is different from the speed enforcement cases because, unlike with speeding motorists, the warning can't encourage the recipients to obey they law; all they can do is flee or hid from ICE enforcement.

Also, the very name of the app makes it clear that the intent of those operating it is to "block" ICE and its agents from performing presumably-legal law enforcement activity, and hindering law enforcement agents in the performance of their duties is a crime, notes Banzhaf.

If the Trump administration brings a legal action against the person operating the app, or even threatens to bring one, it can have a powerful deterrent effect, even if the criminal case is weak, says Banzhaf.

He also notes that it would be easy for members of organizations which favor deportation of illegal immigrants to flood the app with false reports, either by the disruptive activities of many individuals, or even by bots.

Finally, he notes that anyone injured because of the app - if crowds gathered as a result of the app and caused personal injury or even harm to property - could bring a civil lawsuit, possibly as a class action, seeking both actual and punitive damages.

In such a civil lawsuit, the burden of proof ("probable cause") would be much lower than in a criminal case ("beyond a reasonable doubt), and it would not be difficult to show that, "but for" the app, the damages would not have occurred.

jbanzhaf3ATgmail.com  @profbanzhaf