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

Clearinghouse coding complete

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 …

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 (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)

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

Docket

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

Last updated July 22, 2026, 3:15 a.m.

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)

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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)

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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)

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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)

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33 June 17, 2026

SUMMONS Issued (Court Participant) as to U.S. Immigration and Customs Enforcement (jks, ) (Entered: 06/17/2026)

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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

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

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

U.S. Department of Justice

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Freedom of speech/association

Unreasonable search and seizure

Other Dockets:

Northern District of Illinois 1:26-cv-05238

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Document/Information

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Retaliation

Search policies

Watchlist

Discrimination Area:

Content/viewpoint discrimination

Immigration/Border:

Constitutional rights

Criminal prosecution

ICE/DHS/INS raid

Policing:

Inadequate citizen complaint investigations and procedures

Over/Unlawful Detention (policing)

Recommended Citation