A federal judge has held the Department of Homeland Security (DHS) in contempt for delaying compliance with a court order to release digital copies of communications from the cellphones of more than 800 immigration agents. The order was unsealed on Tuesday, August 5, 2026.

District Judge Maame Ewusi-Mensah Frimpong, appointed by former President Biden, initially ordered DHS in January to provide imaging from agents’ personal cellphones following immigration raids in Los Angeles last year. Plaintiffs in the case alleged that cellphone communications contained evidence supporting claims of racial profiling by immigration officers.

The American Civil Liberties Union (ACLU), Public Counsel, and other immigration advocacy groups also accused agents of using racial slurs during interactions and argued that access to cellphone data would substantiate their claims.

In June, DHS informed Judge Frimpong that it was processing only three phones every two weeks for digital imaging, according to The Associated Press. At this pace, it would take nearly four years to review all relevant phones. The ACLU accused DHS of deliberately obstructing the court order by delaying imaging of government-issued and personal cellphones.

In response, Judge Frimpong imposed a $500 recurring daily fine on DHS until the phones are produced for discovery and ordered the agency to pay legal fees for the plaintiffs awaiting compliance.

Earlier, in April, DHS argued it lacked jurisdiction over the phones, a claim rejected by a magistrate judge in July, according to NOTUS. Judge Frimpong wrote in her contempt order, “Given that Plaintiffs have shown by clear and convincing evidence that the Defendants violated a specific and definite order of the court, the burden shifted to Defendants to demonstrate why they were unable to comply.”

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