Springdale police chief refutes online claims, says people have legal right to record officers

SPRINGDALE -- Springdale's police chief is speaking out about social media posts claiming that recording interactions with local or federal officers in Arkansas is illegal, calling the claims false.

People have the right to record and local authorities in Springdale are trained to respect that right, police Chief Derek Wright said.

"I've seen several posts from people recording arrests and trying to hide the fact they're recording or expressing concern that they might get in trouble for doing so," Wright said. "I want to be clear that the public has the right to record law enforcement activity, as long as they are not interfering with the police operation."

The concerns are being aired amid the ongoing immigration crackdown in the U.S.

President Donald Trump made enforcement of the nation's immigration laws a centerpiece of his 2024 campaign for the White House, and he promised to be aggressive in detaining and deporting people living in the U.S. without legal permission.

The Department of Homeland Security reports it has deported more than 675,000 migrants since Trump's return to office last year and claims some 2.2 million others have "self-deported" as the president has made his immigration crackdown a priority.

"President Trump is not going to back away from the mission, the mission that American people said they wanted him to complete, and that is securing our border and making sure that we actually do interior enforcement," U.S. Sen. Katie Britt, R-Ala., said recently.

The crackdown made its way to Minneapolis, Minn., following claims of fraud involving day care centers run by Somali residents there. Immigration agents were met by protesters who organized marches, patrolled neighborhoods for immigration enforcement activity with whistles and took food to immigrants too afraid to leave their homes.

Renee Good, 37, was shot and killed by an Immigration and Customs Enforcement officer Jan. 7, setting off intense protests demanding an end to the operation. Then on Jan. 24, Customs and Border Protection officers opened fire on another Minnesota resident, 37-year-old Alex Pretti, who had been filming enforcement operations.

Additionally, ICE agents have used chemical crowd-control agents against people "who appear to be merely observing the scene or recording officers," according to the nonprofit American Immigration Council.

"As seen in Minneapolis and elsewhere, anyone who encounters immigration agents and attempts to criticize or even simply to record them -- or who is just on the scene observing or trying to help -- can be subjected to aggressive questioning or other retaliation," according to a fact sheet shared by the council. "Federal agents have attempted to charge protesters and observers with 'obstructing' or 'interfering with' law enforcement operations, sometimes arguing that by being in the way of federal agents or vehicles they are violating federal law."

The ACLU of Arkansas says no official can deny a person's First Amendment right, including recording video of officers in public, regardless of a person's immigration status. Given the increasing activity of federal agencies like ICE in the state, the ACLU actually recommends documenting interactions to record evidence of potential wrongful arrests or abuses of power.

"The First Amendment protects your right to take photos and videos of law enforcement officers while they are performing their duties in public places," according to a statement from the ACLU. "This applies to ICE agents, police, the FBI, the National Guard or any other government official. If you are not under arrest, an officer needs a warrant to confiscate your device or review its contents without your consent. If you are arrested, an officer can take your phone, but still needs a warrant to review its contents."

The videos can be used in trials, hearings or internal investigations to support claims of abuse, discrimination or human rights violations, and even to prove innocence in cases of unjust accusations.

Filming local officers or federal agents has become a concern in Springdale, which has seen increased immigration enforcement operations over the past year, according to Irvin Camacho, the co-founder of Alliance for Immigrant Respect and Education (AIRE), an immigrant rights group. AIRE also has received reports of surveillance in Rogers, Fayetteville, Centerton and Siloam Springs, he said.

Hispanics make up 42% of Springdale's population, according to census data. The only city in Arkansas with a larger percentage of Hispanic residents is De Queen at 59%, census data show. But whereas the census estimates Springdale's population at 89,368, De Queen is estimated to have only 6,069 residents.

Wright, the Springdale police chief, said his officers won't interfere with someone recording them, other than possibly asking them to give the officers needed space for safety or investigative reasons.

"Our officers are trained to protect the public's First Amendment right while also safeguarding their investigation," Wright said. "They may ask a member of the public to move if they believe they are creating a safety issue or interfering with the scene, but they should never ask someone to stop recording."

Authorities remind the public that when recording a police interaction, a person must not interfere with officers' work. Doing so could constitute a crime.