DHS Attorney Suggested Force Against ICE Protesters in Leaked Emails

WASHINGTON — Internal emails reveal that a lead attorney for the Department of Homeland Security (DHS) suggested federal agents should have used force against protesters during an anti-ICE demonstration in Los Angeles last June. The attorney proposed agents “just started hitting the rioters and arresting everyone that couldn’t obtain away.”

The email chain was obtained by the nonprofit watchdog American Oversight through a Freedom of Information Act request and shared with The Times. The discussion occurred even as DHS attorneys were coordinating legal filings related to a lawsuit filed by California Governor Gavin Newsom challenging President Trump’s deployment of National Guard troops to Los Angeles.

Details of the Incident

The email from Joseph Mazzara, then-acting DHS general counsel, referenced an incident where protesters attempted to breach a protective line at a federal building, using “large rolling commercial dumpsters as a battering ram.” According to a 9th Circuit Court of Appeals order, protesters also threw objects at ICE vehicles, “pinned down” Federal Protective Service officers, and threw “concrete chunks, bottles of liquid, and other objects.”

Did You Understand? The email containing Mazzara’s comments was initially marked for withholding by DHS and was also received by American Oversight in a redacted version.

Mazzara’s email expressed shock at the “wild” nature of the “battering ram incident.” He stated that law enforcement “should have…just started hitting the rioters and arresting everyone that couldn’t get away from them.”

The DHS did not respond to requests for comment. Mazzara was later appointed deputy commissioner of U.S. Customs and Border Protection and, more recently, followed former Homeland Security Secretary Kristi Noem to the State Department.

Expert Insight: Suggesting the utilize of force against protesters, even by a legal counsel, raises serious concerns about the potential for constitutional violations and the erosion of trust between law enforcement and the communities they serve. The fact that this comment was initially hidden from public view underscores the sensitivity of the issue.

Former top ICE attorney Kerry Doyle stated that Mazzara’s comments demonstrated “shocking carelessness” and “seem to encourage…constitutional violations.” She added that offering such advice could leave law enforcement vulnerable to legal liability.

The incident occurred amid a broader context of escalating tensions surrounding immigration enforcement and protests. Following a Supreme Court ruling questioning the administration’s legal authority, President Trump began removing the National Guard from Los Angeles and other cities in December.

Frequently Asked Questions

What prompted the email exchange?

The email exchange occurred as DHS attorneys coordinated legal filings in response to a lawsuit filed by California Governor Gavin Newsom regarding the deployment of National Guard troops to Los Angeles.

What did the 9th Circuit Court of Appeals find regarding the protests?

The 9th Circuit Court of Appeals found that protesters interfered with federal officers by throwing objects at ICE vehicles, “pinning down” officers, and attempting to breach a federal building with a “battering ram.”

What happened after the incident?

Grand juries refused to indict many demonstrators accused of attacking agents, and a review of alleged assaults found that most incidents resulted in no injuries.

What role does the tone set by agency leadership play in these situations?

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