Trump administration revives Civil War-era law to charge immigration protesters with conspiracy

The Department of Homeland Security under Donald Trump has charged dozens of immigration protesters with a rarely used Civil War-era conspiracy statute, sparking criticism from legal experts.

President Donald Trump's Department of Homeland Security has begun applying a little-used Civil War-era statute to immigration-related protests, charging participants like Minneapolis teacher Treasure Thoreson with conspiracy to impede federal officers. Court records show that over the past five years the charge has been rare, but under the current administration more than three dozen people in under ten cases have been prosecuted, all linked to demonstrations against ICE.

Experts such as Aaron Terr of the Foundation for Individual Rights and Expression warn that the government is broadening the definition of conspiracy to include ordinary protest actions, potentially infringing on First Amendment rights. An internal Justice Department email from former Attorney General Pam Bondi instructed U.S. attorneys to prioritize the most severe charges available. While many cases have been dismissed, some arrests—such as a group in Spokane who linked arms to block an ICE transport—have resulted in convictions, highlighting a shift toward harsher legal tactics against civil disobedience.