The US Department of Justice is increasingly bringing federal conspiracy charges against people protesting against Immigration and Customs Enforcement (ICE) operations, rather than relying solely on lesser public-order offences. Legal experts warn that these charges, which carry significant prison terms, risk sweeping up largely peaceful demonstrators alongside those accused of more serious conduct, raising concerns about the chilling effect on protest rights.

Since President Trump took office, the DOJ has charged more than three dozen people in at least ten cases under a conspiracy-to-impede statute that carries sentences of up to six years, with nearly 50 people indicted across Michigan, Texas and Minnesota on related charges. Notable cases include 15 people, among them a Minneapolis special education teacher, charged after blocking access to a federal building during an immigration enforcement surge, and nine protesters in Spokane, three of whom went to trial and were convicted. A separate case against six protesters in Broadview, Illinois, was dismissed in spring 2026 over prosecutorial misconduct. The DOJ has defended the approach, saying peaceful protest should not be confused with violence or obstruction against law enforcement, while critics such as Aaron Terr of the Foundation for Individual Rights and Expression argue the government is "casting too wide a net" and targeting people based on their political beliefs.