Case: Briggs v. Mullin

1:26-cv-05238 | U.S. District Court for the Northern District of Illinois

Filed Date: May 6, 2026

Case Ongoing

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Case Summary

This case challenged the federal government's practice of collecting and indefinitely retaining DNA from individuals arrested during protests at the Broadview, Illinois ICE Detention Center, raising critical questions about Fourth Amendment protections against unreasonable searches and First Amendment rights to free speech and assembly. On May 6, 2026, protesters filed this lawsuit in the U.S. District Court for the Northern District of Illinois against the U.S. Department of Homeland Security …

On May 6, 2026, protesters filed this lawsuit in the U.S. District Court for the Northern District of Illinois against the U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), and their respective directors and agents in their official capacities. Represented by private counsel, the plaintiffs alleged that federal agents unlawfully compelled them to provide DNA samples following protest-related arrests, that the FBI processed those samples into profiles and uploaded them to the Combined DNA Index System (CODIS) database for indefinite retention, and that the government's broader surveillance of protest activity chilled protected speech. In particular, per the complaint, plaintiffs were arrested by federal agents while protesting or documenting protests at the Broadview ICE Detention Center during "Operation Midway Blitz" in fall 2025. Each was compelled to provide a DNA sample. Some plaintiffs were never charged, while others had charges dismissed. Of 92 protest-related arrests during the operation, the government obtained only one conviction, which was unrelated to the Broadview protests. Plaintiffs alleged that DHS had undertaken a massive hiring surge while cutting constitutional training, had expanded surveillance of protesters through facial recognition, license plate readers, and social media monitoring, and had dismantled internal privacy oversight. Moreover, senior DHS officials had made public statements that plaintiffs characterized as encouraging aggressive targeting of protesters.

Plaintiffs brought seven counts: (1) that the DNA Act (34 U.S.C. § 40702) was unconstitutional as applied under the Fourth Amendment; (2) unreasonable search under the Fourth Amendment; (3) unreasonable seizure through indefinite DNA retention; (4) First Amendment retaliation and chilling of protected speech; (5-6) violations of the Administrative Procedure Act (APA) as contrary to law and in excess of statutory authority; and (7) ultra vires agency action. Plaintiffs sought declaratory relief, a permanent injunction against DNA collection and retention under the challenged circumstances, expungement and destruction of all plaintiffs' DNA samples and profiles from federal databases, and attorneys' fees. The case was assigned to District Judge Jeremy C. Daniel, of the U.S. District Court for the Northern District of Illinois.

This case is ongoing as of June 2026.

Summary Authors

Simon Jillson (6/8/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73301943/parties/briggs-v-mullin/

Attorney for Plaintiff

Dunne, Carey R. (Illinois)

Folch, Monica Pilar (Illinois)

Goldberg, Zack (Illinois)

Morsch, James A. (Illinois)

Reiser, Martha (Illinois)

Attorney for Plaintiff

Dunne, Carey R. (Illinois)

Folch, Monica Pilar (Illinois)

Goldberg, Zack (Illinois)

Morsch, James A. (Illinois)

Reiser, Martha (Illinois)

Thompson, Elizabeth Anne (Illinois)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:26-cv-05238	Complaint for Declaratory and Injunctive Relief Briggs et al. v. Mullin et al.	May 6, 2026	May 6, 2026 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/73301943/briggs-v-mullin/

Last updated Oct. 25, 2026, 3:27 a.m.

Docket for: Briggs v. Mullin

ECF Number	Date	Description	Link
1	May 6, 2026	COMPLAINT filed by Ian Sampson, Dana Briggs, Grace Cooper, Jacqueline Guataquira; Filing fee $ 405, receipt number AILNDC-25077834.(Morsch, James) (Entered: 05/06/2026)	Clearinghouse
2	May 6, 2026	CIVIL Cover Sheet (Morsch, James) (Entered: 05/06/2026)	RECAP
3	May 6, 2026	ATTORNEY Appearance for Plaintiffs Dana Briggs, Grace Cooper, Jacqueline Guataquira, Ian Sampson by James A. Morsch (Morsch, James) (Entered: 05/06/2026)	RECAP
4	May 6, 2026	ATTORNEY Appearance for Plaintiffs Dana Briggs, Grace Cooper, Jacqueline Guataquira, Ian Sampson by Elizabeth Anne Thompson (Thompson, Elizabeth) (Entered: 05/06/2026)	RECAP
21	May 6, 2026	SUMMONS Issued (Court Participant) as to Defendants Michael W. Banks, Todd Blanche, Marcos Charles, John A. Condon, Federal Bureau of Investigation, Thomas Homan, Todd M. Lyons, Markwayne Mullin, Samuel Olson, Kashyap P. Patel, Rodney S. Scott, U.S. Border Patrol, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration and Customs Enforcement (Attachments: # 1 Summons for Todd M. Lyons, # 2 Summons for Marcos Charles, # 3 Summons for John A. Condon, # 4 Summons for Samuel Olson, # 5 Summons for U.S. Customs and Border Protection, # 6 Summons for Rodney S. Scott, # 7 Summons for U.S. Border Patrol, # 8 Summons for Michael W. Banks, # 9 Summons for U.S. Department of Justice, # 10 Summons for Attorney General Todd Blanche, # 11 Summons for Federal Bureau of Investigation, # 12 Summons for U.S. Department of Homeland Security, # 13 Summons for Markwayne Mullin, # 14 Summons for Thomas Homan, # 15 Summons for Kashyap P. Patel)(ee, ) (Entered: 05/06/2026)	RECAP
	May 6, 2026	CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable Laura K. McNally. Case assignment: Random assignment. (Civil Category 2). (ee, )
	May 6, 2026	CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (ee, )
22	May 7, 2026	MOTION for Leave to Appear Pro Hac Vice on behalf of Dana Briggs by Zack Goldberg; Filing fee $ 150, receipt number AILNDC-25086834. (Goldberg, Zack) (Entered: 05/07/2026)	RECAP
23	May 7, 2026	MOTION for Leave to Appear Pro Hac Vice on behalf of Dana Briggs, Grace Cooper, Jacqueline Guataquira, Ian Sampson by Monica Pilar Folch; Filing fee $ 150, receipt number AILNDC-25088567. (Folch, Monica) (Entered: 05/07/2026)	RECAP
24	May 7, 2026	MOTION for Leave to Appear Pro Hac Vice on behalf of Dana Briggs, Grace Cooper, Jacqueline Guataquira, Ian Sampson by Carey R. Dunne; Filing fee $ 150, receipt number AILNDC-25088593. (Dunne, Carey) (Entered: 05/07/2026)	RECAP
25	May 7, 2026	MOTION for Leave to Appear Pro Hac Vice on behalf of Dana Briggs, Grace Cooper, Jacqueline Guataquira, Ian Sampson by Martha Reiser; Filing fee $ 150, receipt number AILNDC-25088750. (Reiser, Martha) (Entered: 05/07/2026)	RECAP
26	May 8, 2026	MINUTE entry before the Honorable Jeremy C. Daniel: Motions to appear pro hac vice 22, 23, 24 are 25 are granted. Mailed notice. (vcf, ) (Entered: 05/08/2026)	RECAP
27	May 20, 2026	MOTION for Leave to Appear Pro Hac Vice on behalf of Dana Briggs, Grace Cooper, Jacqueline Guataquira, Ian Sampson by Deirdre Dionysia von Dornum; Filing fee $ 150, receipt number AILNDC-25141377. (von Dornum, Deirdre) (Entered: 05/20/2026)	RECAP
28	May 20, 2026	MOTION for Leave to Appear Pro Hac Vice on behalf of Dana Briggs, Grace Cooper, Jacqueline Guataquira, Ian Sampson by Eleuthera O. Sa; Filing fee $ 150, receipt number AILNDC-25144924. (Sa, Eleuthera) (Entered: 05/20/2026)	RECAP
29	May 21, 2026	MOTION for Leave to Appear Pro Hac Vice on behalf of Dana Briggs, Grace Cooper, Jacqueline Guataquira, Ian Sampson by Sian Last; Filing fee $ 150, receipt number AILNDC-25149807. (Last, Sian) (Entered: 05/21/2026)	RECAP
30	May 22, 2026	MINUTE entry before the Honorable Jeremy C. Daniel: Attorney Deirdre Dionysia von Dornum's motion for leave to appear pro hac vice 27 is granted. Mailed notice (gel,) (Entered: 05/22/2026)	RECAP
31	May 22, 2026	MINUTE entry before the Honorable Jeremy C. Daniel: Attorney Eleuthera Sa's motion for leave to appear pro hac vice 28 is granted. Mailed notice (gel,) (Entered: 05/22/2026)	RECAP
32	May 22, 2026	MINUTE entry before the Honorable Jeremy C. Daniel: Attorney Sian Last's motion for leave to appear pro hac vice 29 is granted. Mailed notice (gel,) (Entered: 05/22/2026)	RECAP
33	June 17, 2026	SUMMONS Issued (Court Participant) as to U.S. Immigration and Customs Enforcement (jks, ) (Entered: 06/17/2026)	RECAP
34	June 24, 2026	ACKNOWLEDGEMENT of Service of Summons served on Samuel Olson on 5/12/26, filed by Plaintiffs Dana Briggs, Grace Cooper, Jacqueline Guataquira, Ian Sampson. (Morsch, James) (Entered: 06/24/2026)	RECAP
35	June 24, 2026	ACKNOWLEDGEMENT of Service of Summons served on Marcos Charles on 5/12/26, filed by Plaintiffs Dana Briggs, Grace Cooper, Jacqueline Guataquira, Ian Sampson. (Morsch, James) (Entered: 06/24/2026)	RECAP
36	June 24, 2026	ACKNOWLEDGEMENT of Service of Summons served on U.S. Border Patrol on 5/12/26, filed by Plaintiffs Dana Briggs, Grace Cooper, Jacqueline Guataquira, Ian Sampson. (Morsch, James) (Entered: 06/24/2026)	RECAP
37	June 24, 2026	ACKNOWLEDGEMENT of Service of Summons served on Rodney S. Scott on 5/12/26, filed by Plaintiffs Dana Briggs, Grace Cooper, Jacqueline Guataquira, Ian Sampson. (Morsch, James) (Entered: 06/24/2026)	RECAP
38	June 24, 2026	ACKNOWLEDGEMENT of Service of Summons served on U.S. Customs and Border Protection on 5/12/26, filed by Plaintiffs Dana Briggs, Grace Cooper, Jacqueline Guataquira, Ian Sampson. (Morsch, James) (Entered: 06/24/2026)	RECAP
39	June 24, 2026	ACKNOWLEDGEMENT of Service of Summons served on Todd M. Lyons on 5/12/26, filed by Plaintiffs Dana Briggs, Grace Cooper, Jacqueline Guataquira, Ian Sampson. (Morsch, James) (Entered: 06/24/2026)	RECAP
40	June 24, 2026	ACKNOWLEDGEMENT of Service of Summons served on Michael W. Banks on 5/12/26, filed by Plaintiffs Dana Briggs, Grace Cooper, Jacqueline Guataquira, Ian Sampson. (Morsch, James) (Entered: 06/24/2026)	RECAP
41	June 24, 2026	ACKNOWLEDGEMENT of Service of Summons served on John A. Condon on 5/12/26, filed by Plaintiffs Dana Briggs, Grace Cooper, Jacqueline Guataquira, Ian Sampson. (Morsch, James) (Entered: 06/24/2026)	RECAP
42	June 24, 2026	ACKNOWLEDGEMENT of Service of Summons served on US Immigration and Customs Enforcement on 6/24/26, filed by Plaintiffs Dana Briggs, Grace Cooper, Jacqueline Guataquira, Ian Sampson. (Morsch, James) (Entered: 06/24/2026)	RECAP
43	July 7, 2026	ACKNOWLEDGEMENT of Service of Summonses and Complaint served on United States Attorney's Office on July 1, 2026, filed by Plaintiffs Dana Briggs, Grace Cooper, Jacqueline Guataquira, Ian Sampson. (Morsch, James) (Entered: 07/07/2026)	RECAP
44	July 7, 2026	ACKNOWLEDGEMENT of Service of Summonses and Complaint served on Todd Blanche on July 6, 2026, filed by Plaintiffs Dana Briggs, Grace Cooper, Jacqueline Guataquira, Ian Sampson. (Attachments: # 1 Exhibit A)(Morsch, James) (Entered: 07/07/2026)	RECAP
45	July 7, 2026	ACKNOWLEDGEMENT of Service of Summons and Complaint served on Todd Blanche, Thomas Homan, Markwayne Mullin, U.S. Dept. of Homeland Security, U.S. Dept. of Justice, FBI, Kash Patel on May 13, 2026, filed by Plaintiffs Dana Briggs, Grace Cooper, Jacqueline Guataquira, Ian Sampson. (Attachments: # 1 Exhibit A & B)(Morsch, James) (Entered: 07/07/2026)	RECAP
46	July 29, 2026	ATTORNEY Appearance for Defendants Michael W. Banks, Todd Blanche, Marcos Charles, John A. Condon, Federal Bureau of Investigation, Thomas Homan, Todd M. Lyons, Markwayne Mullin, Samuel Olson, Kashyap P. Patel, Rodney S. Scott, U.S. Border Patrol, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration and Customs Enforcement by James Ryan (Ryan, James) (Entered: 07/29/2026)	RECAP
47	Aug. 13, 2026	MOTION by Defendants Michael W. Banks, Todd Blanche, Marcos Charles, John A. Condon, Federal Bureau of Investigation, Thomas Homan, Todd M. Lyons, Markwayne Mullin, Samuel Olson, Kashyap P. Patel, Rodney S. Scott, U.S. Border Patrol, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration and Customs Enforcement to set a briefing schedule (Attachments: # 1 Text of Proposed Order)(Ryan, James) (Entered: 08/13/2026)	RECAP
48	Aug. 17, 2026	MINUTE entry before the Honorable Jeremy C. Daniel: The defendants' motion to set a briefing schedule 47 is granted. Defendants will file their motion to dismiss on or before September 28, 2026; Plaintiffs will file their opposition to the motion to dismiss on or before November 2, 2026; Defendants will file their reply in support of the motion on or before November 23, 2026. Mailed notice. (vcf, ) (Entered: 08/17/2026)	RECAP
49	Sept. 24, 2026	MOTION by Defendants Michael W. Banks, Todd Blanche, Marcos Charles, John A. Condon, Federal Bureau of Investigation, Thomas Homan, Todd M. Lyons, Markwayne Mullin, Samuel Olson, Kashyap P. Patel, Rodney S. Scott, U.S. Border Patrol, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration and Customs Enforcement for extension of time and page limit (Attachments: # 1 Text of Proposed Order)(Ryan, James) (Entered: 09/24/2026) 1 Text of Proposed Order View on PACER	RECAP
50	Sept. 25, 2026	MINUTE entry before the Honorable Jeremy C. Daniel: The defendants' motion for an extension of time 49 is granted. Defendants will file their motion to dismiss on or before October 5, 2026. The memorandum in support shall be no more than 50 pages long. Plaintiffs will file their opposition to the motion to dismiss on or before November 10, 2026. The opposition brief will be no more than 50 pages long. Defendants will file their reply in support of the motion on or before December 4, 2026. The reply brief will be no more than 30 pages long. Mailed notice. (vcf, ) (Entered: 09/25/2026)	RECAP

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Case Details

State / Territory:

Illinois

Case Type(s):

Privacy

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Authority of Independent Agencies

Trump Administration 2.0: Litigation and Investigations Involving the Government

Key Dates

Filing Date: May 6, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs (Dana Briggs, Ian Sampson, Grace Cooper, and Jacqueline Guataquira) were protesting or documenting protests at the Broadview ICE Detention Center near Chicago

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

ICE

U.S. Border Patrol

U.S. Customs and Border Protection

U.S. Department of Homeland Security