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March 7, 2026
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Justice Department’s Aggressive Prosecution of Immigration Protesters Faces Legal Setbacks

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WASHINGTON — The Justice Department has initiated an extensive campaign to prosecute individuals accused of assaulting or obstructing federal officers amid protests against President Donald Trump’s immigration policies and military deployments. Attorney General Pam Bondi had promised that those responsible would encounter harsh penalties. However, a detailed review of numerous federal prosecutions reveals challenges in fulfilling that promise.

Analysis of 166 federal cases filed since May in four Democratic-led cities—Washington, D.C., Los Angeles, Portland, and Chicago—at the heart of the demonstrations shows that the Department’s tough stance and characterizations of defendants as potential domestic terrorists often failed to hold up in court.

Former federal prosecutor Mary McCord noted that the government has been highly aggressive with charges, in some instances pursuing offenses unlikely to be brought under normal circumstances. She suggested the objective might be to deter protests against the administration’s deportation initiatives.

Key insights from this examination include:

– Fifty-five out of 100 individuals initially charged with felony assaults on federal officers had their charges reduced to misdemeanors or dismissed altogether. Some prosecutions faltered at the grand jury stage or were downgraded after video evidence and testimony raised doubts. Many felony assault accusations hinged on the potential for serious injury, yet officers often sustained minor or no harm.

– Notable cases dropped after video evidence surfaced include 70-year-old Air Force veteran Dana Briggs in Chicago, and 28-year-old Lucy Shepherd in Portland, who was charged with felony assault after a minor physical interaction with a federal officer.

– Despite strong rhetoric from the administration linking protesters to antifa, court records rarely mentioned the term. There were no official charges labeling protesters as domestic terrorists or part of coordinated violent groups.

– Prosecutors took five misdemeanor cases to trial but lost each one, a surprising outcome given the resources trials require. For instance, Sean Charles Dunn from Washington, D.C., who threw a sandwich at a Border Patrol agent, was acquitted after a brief trial. Likewise, Katherine Carreño from Los Angeles was found not guilty on an assault charge following video evidence that contradicted prosecution claims.

– Over 50 felony cases remain pending, with defendants accused of various assaults, such as throwing objects or using paintballs against federal officers. None of these cases have proceeded to trial yet.

The Department of Homeland Security reports 238 assaults on Immigration and Customs Enforcement personnel nationwide since the beginning of the administration’s second term, emphasizing the hazards law enforcement officers face during these unrests. Officials have documented attempts on officers through rock throwing, vehicle damage, and even shootings.

The Justice Department affirmed its commitment to pursue the most serious charges possible against those threatening federal agents, underscoring a zero-tolerance policy for violence toward law enforcement.

This ongoing legal battle highlights the tension between government efforts to curb unrest and the challenges of securing sustained convictions in politically charged protests.

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