Caught in the Crackdown: As Arrests at Anti-ICE Protests Piled Up, Prosecutions Crumbled

propublica.org · By A.C. Thompson and Gabrielle Schonder · 2026-04-14T14:00:00+00:00

Reporting Highlights Protesters Detained: ProPublica and FRONTLINE found more than 300 people who were arrested during immigration sweeps and accused of crimes like assaulting or interfering with law enforcement. Cases Collapse Under Scrutiny: Over and over, cases against protesters fell apart, often because statements made by the arresting officers were debunked by video footage. Chilling Effect: Experts said arrests, even without convictions, can quash dissent. “I don’t want to be assaulted again. I don’t want to wind up back in federal prison,” a protester said. These highlights were written by the reporters and editors who worked on this story. The National Guard soldiers in desert camo piled out of unmarked vans in East Los Angeles last June, cordoning off East Sixth Street, a residential street lined with single family houses, and blocking a nearby road leading to an elementary school. A squad of federal agents moved in flinging flash-bang grenades — explosives designed to disorient — into a small home before storming inside. They’d come for Alejandro Orellana, a Marine Corps veteran and UPS employee accused of being a central figure in a secret confederacy of insurrectionists. A news video had shown the 30-year-old distributing water, food and face shields to people protesting the Trump administration’s immigration roundups in Los Angeles. Bill Essayli, a former state legislator who leads the federal prosecutor’s office in Los Angeles, joined the raid along with a Fox News crew. With cameras rolling, Orellana, his parents and brothers were led out in handcuffs as agents searched their home. On Fox News, Essayli, sporting a blue FBI windbreaker, hyped the arrest of Orellana, a quiet, wiry man with a long mane of coal-black hair. “It appears they’re well-orchestrated and coordinated, and well-funded,” he said. “And today was one of the first arrests — first key arrests — that we did.” Essayli would charge Orellana with conspiracy — under a federal statute typically used to build cases against drug traffickers and organized crime — and with aiding and abetting civil disorder. Within weeks, the prosecutor’s marquee case would quietly fall apart. Agents who searched Orellana’s house found little that could be considered incriminating, and prosecutors never charged anyone else as part of the supposed conspiracy. By late July, they moved to have the charges dismissed. It wouldn’t be the only such case. Alejandro Orellana was arrested under the federal conspiracy statute, but within weeks the case fell apart. FRONTLINE Over the past 10 months, President Donald Trump’s administration has made much of its success in sweeping through U.S. cities, capturing unauthorized immigrants and arresting people who publicly oppose the operations, routinely accusing dissenters of being domestic terrorists or extremists. Federal agents have arrested hundreds of U.S. citizens like Orellana — including protesters, activists observing the immigration enforcement operations, bystanders and, in some cases, the family members of people targeted for deportation. Less clear to the public is what has happened to those charged. To find out, ProPublica and FRONTLINE combed through social media, court records and news stories. Reporters identified more than 300 protesters and bystanders who were arrested by federal agents during immigration sweeps and were accused of crimes such as assaulting or interfering with law enforcement. But over and over those accusations fell apart under scrutiny. Our reviews of court files found that statements made by the arresting officers were repeatedly debunked by video footage. In more than a third of the cases, prosecutors quickly dismissed charges that couldn’t be substantiated, refused to file charges at all, or lost at trial. The tally of cases that end this way will likely climb as many of the arrests remain unresolved. “What’s happening now is not comparable to anything that’s happened in the past,” said Cuauhtémoc Ortega, the chief federal defender for the Central District of California, who personally represented Orellana and other protesters. “We’ve never had a situation where it seems like you arrest first and then try to justify the reasons for the arrests later.” The Department of Homeland Security, which includes Border Patrol and Immigration and Customs Enforcement, did not respond to repeated requests for comment on the arrests and declined to answer detailed questions from ProPublica and FRONTLINE. But in a statement in response to an earlier story, DHS said, “The First Amendment protects speech and peaceful assembly — not rioting. DHS is taking reasonable and constitutional measures to uphold the rule of law and protect our officers.” Watch FRONTLINE and ProPublica’s Documentary: “Caught in the Crackdown” Given the unprecedented nature of the urban sweeps, it is difficult to compare the rate of failed cases to another time period or context. But current and former federal prosecutors and other legal experts said having that number of arrests come to nothing is particularly striking in the federal system, where U.S. attorneys usually secure convictions or guilty pleas in more than 90% of the cases they bring; only 8.2% of federal criminal cases were dismissed in 2022, according to data compiled by that court system. The failures highlight the challenges of sending large numbers of federal agents into major cities to conduct roving immigration sweeps: They aren’t accustomed to dealing with crowds of angry protesters Border Patrol agents are typically stationed at the border where their day-to-day work entails scooping up people who have crossed illegally. ICE agents, who often work in urban settings, had little prior experience handling hostile crowds. And FBI agents, who have aided in the immigration sweeps, would normally spend months or years painstakingly amassing evidence before making arrests. That lack of experience in street policing and crowd control, coupled with the Trump administration’s demand for huge numbers of deportations, led agents to make a wave of unjustified arrests, legal experts say. To be sure, protesters have often engaged in hostile behavior, hurling expletives, getting in agents’ faces and occasionally becoming violent. A woman in Minnesota is accused of biting off part of an agent’s finger during a scuffle after the killing of Alex Pretti in late January; in Los Angeles, an officer outside an immigration detention facility suffered a dislocated finger after a protester allegedly grabbed his bulletproof vest and shook him. But the agents’ conduct has also frequently been violent. As ProPublica and FRONTLINE reported last year, they have routinely shot pepper balls or tear gas at protesters in ways that violate their own rules, causing severe injuries to demonstrators in several cities. “The agents, they don’t know how to operate in these situations,” said Christy Lopez, a former Justice Department attorney who spent years investigating misconduct by law enforcement. Their behavior, she said, “is on par with the worst protest policing and just law enforcement that I’ve seen from any department, even in their worst days. In its earlier statement, DHS said that “rioters and terrorists” have repeatedly attacked immigration agents, but ICE and Customs and Border Protection personnel “are trained to use the minimum amount of force necessary to resolve dangerous situations to prioritize the safety of the public and themselves.” The arrests are not without consequence. Even unsuccessful prosecutions can be costly and emotionally taxing for defendants, said Jared Fishman, a former career prosecutor in the Department of Justice’s Civil Rights Division. The aggressive tactics of the agents and the gleeful social media posts by DHS accusing protesters of serious crimes, Fishman said, affect people’s willingness to publicly challenge the mass deportation policies. “If the goal of the Trump administration is to keep people out of the streets, then it doesn’t matter if the people are getting convicted,” said Fishman, now the executive director of the Justice Innovation Lab, a nonprofit focused on creating a more equitable and effective justice system. “I’m sure it’s having a chilling effect.” After reviewing data and some court records for ProPublica and FRONTLINE, Fishman said, “The numbers seem to indicate a pattern and practice of illegal arrests.” “We Must Identify Him” The crackdown on protesters began in June of 2025, when the Department of Homeland Security launched its wave of major immigration sweeps in Southern California. The campaign was led by Gregory Bovino, a veteran Border Patrol chief who normally presided over a remote stretch of sand and scrub deep in the state’s Imperial Valley. Bovino from the start encouraged his agents to shut down or arrest protesters. “Arrest as many people that touch you as you want to. Those are the general orders, all the way to the top,” Bovino told his officers, footage from an agent’s body-worn camera shows. “Everybody fucking gets it if they touch you.” He went on to remind them that their actions should be “legal, ethical, moral” while encouraging them to use so-called less lethal weapons on protesters. “We’re gonna look at shipping tractor trailers full of that shit in here,” he said. Bovino’s forces repeatedly fired tear gas canisters and rubber bullets at the heads and faces of demonstrators and journalists. Bovino’s aggressive tactics sparked intense opposition from Angelenos, including those gathered in the streets in front of the sprawling federal office complex in downtown Los Angeles on June 9. That day Orellana drove his Ford F-150 pickup truck loaded with bottled water, snacks and cardboard boxes containing Uvex brand face shields — clear plastic masks designed to protect industrial workers from flying debris and chemical splashes — to the protest. When he arrived in front of the federal building, another person hopped into the bed and began handing out the supplies to protesters gathered outside the entrance. Orellana told FRONTLINE and ProPublica that he decided to help distribute the supplies after watching federal agents fire tear gas and rubber bullets into crowds at an earlier demonstration. “A bunch of us took it upon ourselves to, you know, go downtown and give out these resources — the food, water and of course the PPE,” he said, referring to personal protective equipment. Video and photos quickly made their way onto social media. An X user with more than 30,000 followers posted a photo of Orellana. “A photograph of the man delivering boxes of gas masks to the rioters has emerged,” wrote the poster. “We must identify him, so we can track down who is funding this coordinated attack.” From there the thread was picked up by the conspiracy theorist Alex Jones, who has a vast audience on the platform. Jones, who repeatedly claimed that financier and philanthropist George Soros was funding the protests, eventually named Orellana as the driver of the pickup. More than two million people saw the post. Within 48 hours, the soldiers and federal agents arrived to arrest Orellana. Fox News showed Orellana sitting in his truck, first image, while people hand out bottled water, snacks and face shields he brought to the protest, and also covered his later arrest, second image. Via Fox News Over the next five months, they arrested more than one hundred U.S. citizens in Los Angeles and other cities in Southern California — most of them demonstrators — charging them with assaulting federal law enforcement personnel or interfering with agents’ activities. Others were accused of damaging government property. At least 16, like Orellana, were charged with conspiracy, which can carry a sentence of up to six years in prison. ProPublica and FRONTLINE found that more than a third of those cases crumbled. In eight instances, juries acquitted defendants at trial. But more frequently, prosecutors dropped charges when the claims made by immigration officers and agents didn’t match video evidence or other inconsistencies emerged. In several cases, prosecutors declined to file charges at all. There have been some successful prosecutions: 32 of the 116 people whose arrests in California we reviewed have been convicted, many pleading guilty to misdemeanor charges. And in late February, jurors convicted two activists on stalking charges after they livestreamed themselves following an immigration agent to his home; the pair were acquitted of conspiracy. Today 38 cases are still pending. Essayli has stated on social media that his office brought more than 100 cases and secured convictions in more than half of them. When asked about the discrepancy between his claims and the data compiled by ProPublica and FRONTLINE, he declined to comment. “The U.S. attorney’s office does not lose cases because they’re bad lawyers,” said Carley Palmer, who spent eight years as a federal prosecutor in the office Essayli now runs. “They are excellent trial attorneys. So if they’re losing a case, it may mean that the evidence isn’t there, or it may mean that the community doesn’t believe it should be a federal crime.” Palmer, who is now in private practice, said the glut of protest and low-level criminal immigration cases have shifted resources away from the complex prosecutions the DOJ is uniquely equipped to handle: environmental crimes, public corruption, financial fraud, cyberscams, civil rights violations. Essayli declined to be interviewed for this story or an accompanying FRONTLINE documentary set to air Tuesday. He was appointed by the Trump administration in early 2025, but he has never been confirmed by the Senate, raising ongoing questions about the legality of his role as top prosecutor for the region. His office did not respond to detailed questions sent by email. Like Orellana, Julian Pecora Cardenas, 31, was charged with conspiracy last summer after following a convoy of federal agents in his car. On the morning of July 5, Pecora Cardenas followed vans full of Border Patrol agents after they left a Coast Guard station in San Pedro, south of Los Angeles, livestreaming their movements on Instagram. “It’s every citizen’s duty to conduct oversight of their government,” he said. “I was within my First Amendment rights.” After roughly 30 minutes, the agents stopped, pulled Pecora Cardenas from his Hyundai and slammed him to the pavement. “I honestly thought it was going to be like a George Floyd moment,” Pecora Cardenas recalled in an interview, alleging that multiple agents pinned him to the asphalt with their knees. He suffered a concussion, needed stitches over his left eye and wore an orthopedic collar to stabilize his injured neck. Julian Pecora Cardenas was charged with conspiracy last summer after following a convoy of federal agents in his car. Carlos Jaramillo for ProPublica Federal prosecutors charged Pecora Cardenas and another activist with consp