Federal Conspiracy Charges Against ICE Protesters: What You Need to Know

The Big Picture

Imagine this: You’re sitting at home in your pajamas, drinking coffee, when there’s a knock at your door. You open it to find a woman in office clothes wearing a Homeland Security vest, with six more agents standing in your yard. She tells you: "We have a warrant for your arrest. The charge? Conspiracy."

This isn’t a movie scene. This is exactly what happened to Treasure Thoreson, a special education teacher in Minneapolis, one morning in June. She’s one of 15 people charged by the federal government for protesting against ICE (Immigration and Customs Enforcement).

What Is "Conspiracy to Impede an Officer"?

Important Point: The Law Being Used

The government is using a Civil War-era law (18 U.S.C. § 372) that makes it a crime to "conspire to impede or injure an officer."

• Maximum penalty: Up to 6 years in federal prison
• Historically used: Very rarely
• Since 2025: Charged against 3+ dozen people in at least 10 cases — all involving protests against federal immigration enforcement

How Conspiracy Differs from Regular Protest Charges

Important Point: What "Conspiracy" Actually Means Legally

For a conspiracy charge, prosecutors must prove TWO things:

1. An agreement between people to commit a crime
2. That crime would prevent officers from doing their duties through force, intimidation, or threat

Legal expert Aaron Terr explains: "If someone shows up to a protest and spontaneously decides to join a line blocking a detainee transport, I don’t think that’s enough to show a criminal conspiracy."

The Trend: From Jan. 6 to ICE Protests

Before 2025

• This law was mainly used for January 6, 2021 Capitol insurrection cases
• Targeted far-right groups like the Proud Boys and Oath Keepers
• Those cases were dismissed or pardoned after Trump took office

Since 2025

• 3+ dozen people charged in at least 10 separate cases
• All involve protests against federal immigration enforcement
• Additional ~50 people charged in Michigan, Texas, and Minnesota under different statutes

Case Study 1: Spokane, Washington

What Happened

1. Summer 2025: Protesters gathered outside a building where ICE was holding two immigrants
2. Some protesters linked arms to block a van transporting detainees to Tacoma
3. Police used pepper balls and arrested ~30 people
4. DOJ ordered prosecutors nationwide to prioritize charging protesters
5. Then-Attorney General Pam Bondi directed charging "the highest provable offense"

The Outcome

• 9 people charged with conspiracy
• Acting U.S. Attorney Richard Barker resigned instead of signing the indictment
• His successor signed it
• 6 defendants pleaded guilty
• 3 went to trial (including Jac Archer and Bajun Mavalwalla II) — all found guilty

The Defendants’ Perspective

Jac Archer (policy director, longtime organizer): "At the end of the day, I fundamentally couldn’t stomach admitting to doing something I know I didn’t do."

Bajun Mavalwalla II (combat veteran): "Being charged with a federal felony… because I showed up to a protest, seems to me to be an attack on a fundamental right that all Americans hold."

Key detail: Archer and Mavalwalla were not accused of slashing tires or damaging property — things the government alleged happened that day. Archer’s social media post calling people to join the protest was used as evidence.

Case Study 2: Broadview, Illinois

What Happened

1. September 2025: Protest outside an ICE facility
2. Video shows a federal officer driving toward protesters; some blocked the vehicle
3. Prosecutors alleged some protesters damaged the vehicle
4. Joselyn Walsh and Michael Rabbitt (among 6 total) charged with conspiracy
5. Neither was accused of damaging the vehicle — both say they briefly touched it as it drove into the crowd

The Outcome

• Charges dismissed in spring 2026 due to alleged prosecutorial misconduct
• But the experience still had impact:
  

  Joselyn Walsh: "I think what I’ve learned through this experience is just how much power the federal government really has over our lives and our liberty."

What Legal Experts Say

The Concern

Aaron Terr (Foundation for Individual Rights and Expression): "The concern is that the government may be casting too wide a net. It may be lumping in innocent people or people who committed minor misdemeanors, based on their political beliefs."

The Government’s Position

Justice Department statement: "People should not mistake violence against law enforcement or impeding officers performing their duties with peaceful protest."

The Bigger Picture

Katie Schwartzmann (Protect Democracy): "It’s important to see these indictments and the use of this law for what it is, which is an attempt to scare Americans. But also, Americans should not be afraid to organize peaceful resistance in this moment."

Summary: Key Takeaways

1. A Civil War-era law is being used in a new way — against immigration protesters instead of Jan. 6 defendants
2. Conspiracy charges are serious — federal felonies with up to 6 years in prison, unlike typical protest misdemeanors
3. Prosecutors must prove an agreement to use force/intimidation against officers — not just showing up at a protest
4. Two major cases show different outcomes: Spokane (convictions) and Broadview (dismissed due to misconduct)
5. Legal experts worry this casts too wide a net, potentially criminalizing ordinary protest activity
6. The government says it’s targeting violence and obstruction, not peaceful protest
7. Ordinary people — teachers, veterans, musicians, organizers — are facing federal prison time for protest actions

Frequently Asked Questions

Is it illegal to protest ICE?

No. Peaceful protest is protected by the First Amendment. What’s at issue is whether specific actions — like blocking vehicles or refusing to disperse after warnings — cross into territory prosecutors call "conspiracy to impede officers."

What’s the difference between "civil disobedience" and "conspiracy"?

Civil disobedience = intentionally breaking a minor law (like trespassing) to make a point, usually resulting in a ticket or misdemeanor.
Conspiracy = a federal felony requiring proof that you agreed with others to use force, intimidation, or threats to stop officers from doing their jobs.

Can I be charged with conspiracy just for attending a protest?

Legally, no. Legal experts say merely showing up — even if you spontaneously join a blockade — isn’t enough for conspiracy. Prosecutors must prove a prior agreement to commit a crime. But in practice, things like social media posts organizing the protest are being used as evidence of that agreement.

Why is a Civil War law being used now?

The statute (18 U.S.C. § 372) was written in 1861 to combat Confederate sympathizers interfering with Union officers. It sat largely unused for modern protests until recently. Since 2025, the DOJ has applied it to immigration protesters — a significant shift from its prior use against Jan. 6 defendants.

What should I do if I want to protest but avoid legal risk?

• Know your rights (ACLU has protest guides)
• Understand that blocking vehicles or building entrances carries higher risk than sidewalk marches
• Be aware that encrypted chats and social media posts can be used as evidence
• Consider legal observer training if you organize protests
• Remember: peaceful assembly is a constitutional right — but how you exercise it matters legally

This article is based on NPR reporting by multiple journalists. Original reporting contributed by Katie Daugert and Jane Gilvin.