The Electronic Frontier Foundation (EFF) has filed a federal lawsuit on behalf of three major labor unions to stop what they call an unconstitutional online surveillance program targeting immigrants for expressing disfavored political opinions.
The lawsuit alleges that the Trump administration’s program violates the First Amendment and the Administrative Procedure Act by using artificial intelligence to monitor and penalize lawful speech on social media platforms.
The plaintiffs in the case include the United Automobile Workers (UAW), the Communications Workers of America (CWA), and the American Federation of Teachers (AFT), labor organizations representing millions of American workers, many of whom are visa holders or lawful permanent residents. These unions report a significant chilling effect on their members' participation in speech and organizing activities due to fear of immigration consequences tied to their online posts.
According to the 95-page complaint filed in the Southern District of New York, the surveillance program, described as the “Challenged Surveillance Program,” is a sweeping interagency effort led by the Departments of State and Homeland Security. It deploys AI and automated technologies to identify visa holders and lawful permanent residents, especially those with university affiliations, who express views that the administration deems anti-American, pro-Palestinian, or otherwise objectionable. Individuals whose online speech falls within these broadly defined categories have reportedly been subjected to visa revocations, immigration confinement, or deportation proceedings.
The case names multiple government officials, including Secretary of State Marco Rubio and DHS Secretary Kristi Noem, who are accused of implementing the program and promoting its chilling effects. According to the complaint, officials have publicly boasted about revoking visas based on flagged social media activity. DHS has reportedly created a dedicated task force to scour the online histories of more than 55 million visa holders, with particular scrutiny on those linked to US universities.
EFF attorney Lisa Femia emphasized the unprecedented scale and impact of the program, stating that the combination of AI-assisted surveillance and government threats has created “a massive chilling effect on free speech.” This is substantiated by union surveys cited in the filing: over 80% of noncitizen UAW members and more than 40% of noncitizen CWA members aware of the program reported altering their online behavior due to fear of retaliation.
Beyond monitoring, the lawsuit highlights how the administration has amplified fear through what the plaintiffs call a coordinated intimidation campaign. This includes public declarations by President Trump and senior officials warning noncitizens that their visas will be revoked for expressing disapproved viewpoints. The government has even publicized examples of deportation cases linked to specific online posts, including criticism of US policies, solidarity with Gaza, or perceived support for leftist ideologies.
The affected unions, UAW, CWA, and AFT, represent a wide array of workers across industries, including higher education, healthcare, communications, and manufacturing. Many of their members are noncitizens working in research or teaching roles under F, M, or J visas, particularly concentrated in major academic institutions. The complaint details how the surveillance program has forced these members to delete posts, disengage from union activities, and avoid leadership roles, impairing the unions’ ability to organize and advocate.
EFF and its co-counsel seek an injunction to stop the surveillance, purge any data collected through the program, and declare the policy unlawful. They argue that targeting individuals based on the government’s disapproval of their views is a fundamental breach of the First Amendment.
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