The developer of ICEBlock, a popular app used to share information aboutlocal sightings of federal immigration agents, sued the Trump administration on Dec. 8 for allegedly violating free speech rights afterApple removed the appfrom its online store.
Joshua Aaron, the creator of ICEBlock,claimed in a filingthat U.S. Attorney GeneralPam Bondi, Homeland Security SecretaryKristi Noem, and other administration officials made "unconstitutional threats and demands against Apple" that led to the app's removal in October.
"When we see our government doing something wrong, it's our duty as citizens of this nation to hold them accountable, and that is exactly what we're doing with this lawsuit," Aaron said, according to Reuters.
People who oppose Trump's immigration agenda or who say they want to keep immigrants and others safe have used apps and other means to track and document ICE activities and warn people who might be at risk of being detained.
Aaron said he thinks the Trump administration is not just attacking his free speech rights, but those of all citizens when it goes after apps like ICEBlock, and that he hoped his lawsuit would help stop the administration "from eroding the Constitution."
Department of Homeland Security spokesperson Tricia McLaughlin told Reuters that assaults and death threats against federal immigration agents have surged since it increased operations to arrest and deport those who are illegally in the country.
"But, of course, the media spins this correct decision for Apple to remove these apps as them caving to pressure instead of preventing further bloodshed and stopping law enforcement from getting killed," McLaughlin said.
The U.S. Attorney General's Office, DHS, and Apple did not immediately respond to USA TODAY's requests for comment on Dec. 8.
'Scheme of state censorship'
The Trump administration has condemned ICE tracking apps, saying they could lead to increased assaults on immigration agents carrying out the federal government's deportation campaign. The lawsuit rebuffs that claim, stating that data collected was removed four hours after an ICE sighting and that the app's design "ensures it can only be used for informational purposes."
"Fundamentally, ICEBlock neither enables nor encourages confrontation — it simply delivers time-limited location information to help users stay aware of their surroundings in a responsible and nonviolent way," the complaint reads.
In July, PresidentDonald Trumpsaid he was exploring prosecuting CNN after themedia outlet reported on ICEBlock. The lawsuit claims the defendants "launched a coordinated campaign of retaliation" against Aaron and laid out a pattern of criticism the app faced following CNN's coverage.
"Bondi's demand to Apple to remove ICEBlock from the App store, as well as her viewpoint-based criticism of CNN for publicizing the app, constitute a 'scheme of state censorship,'" the complaint reads.
The app had more than 1 million users at the time of its removal, the lawsuit states.
"Growing up in a Jewish household, I learned from history about the consequences of staying silent in the face of tyranny," Aaron said in a statement provided to USA TODAY. "I will never back down from resisting the Trump Administration's targeting of immigrants and conscripting corporations into its unconstitutional agenda."
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The app, which is still functioning for people who downloaded it before its removal from app stores, allows users to report publicly observable activity of federal immigration agents and their locations. Aaron, in his lawsuit, argues that the function is similar to what mapping apps like Waze and others do when they allow users to report the locations of police.
The lawsuit says Aaron submitted the app to Apple for approval, and that it had been available through the company's app store since April of this year, before being removed. Legal experts told Reuters that surveillance of immigration agents is largely protected under the U.S. Constitution, as long as people don't interfere with the agents' work or encourage others to do so.
Courts have long held that recording law enforcement activities in public areas is legal.
The suit cites a message Apple sent to Aaron that said "information provided to Apple by law enforcement" showed that his app violated the company's guidelines "because its purpose is to provide location information about law enforcement officers that can be used to harm such officers individually or as a group."
The lawsuit asked the court to stop the defendants from "coercing, threatening, or demanding Apple or other app distribution services in order to stop distribution of the App" and "threatening, investigating, or prosecuting Aaron."
"If we allow community sharing of information to be silenced, our democracy will fail. The United States will be no different than China or Russia," Deirdre von Dornum, Lead Counsel representing Aaron, said in a statement provided to USA TODAY.
Contributing: Christopher Cann, USA TODAY; Reuters
This article originally appeared on USA TODAY:Trump administration sued by ICEBlock for app's removal
