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civil liberties
'Criminalizing Dissent': Alarm Grows Over Extreme Prison Terms for Texas ICE Protesters
“Now anyone engaged in basic protests with the wrong political beliefs can be labeled a domestic terrorist, when they have no intention of violence," said one attorney.
Jun 26, 2026
Alarm and outrage mounted this week following a federal judge's lengthy prison sentences for a group of activists falsely accused by the Trump administration of being members of a nonexistent "North Texas Antifa Cell," with some observers calling the extreme punishments—including 30 years for moving a box of constitutionally protected pamphlets—a test case for criminalizing dissent.
Eight members of the "Prairieview Nine"—part of a larger group of activists who staged a July 4, 2025 protest outside a US Immigration and Customs Enforcement (ICE) detention center in Alvarado, Texas—were sentenced Tuesday in the US District Court for the Northern District of Texas in Fort Worth to between 30-100 years imprisonment.
Benjamin Song, who was convicted of shooting Alvarado Police Lt. Thomas Gross, was sentenced to 100 years for attempted murder of a law enforcement officer and lesser offenses, including discharging a firearm during a violent crime, conspiracy to use and using an explosive, and rioting. Song, a former US Marine, contends that he shot Gross in self-defense after the officer drew his gun first.
The “explosives” in question were fireworks brought to the July 4 protest to show solidarity with people detained by ICE.
Savanna Batten, Zachary Evetts, Autumn Hill, Bradford Morris, and Elizabeth Soto got 50 years each for rioting, providing material support to terrorists, and conspiracy to use and using an explosive.
Maricela Rueda was sentenced to 70 years for rioting, providing material support to terrorists, conspiracy to use and using an explosive, and conspiracy to conceal documents. Those documents were leftist pamphlets protected by the First Amendment.
Rueda's husband, Daniel “Des” Rolando Sanchez Estrada, was hit with a 30-year prison sentence for conspiracy to conceal documents for moving a box full of the pamphlets after speaking with his wife. He did not attend the protest.
Judge Reed O’Connor, an appointee of former President George W. Bush and a favorite of right-wing judge shoppers, told the court that the lengthy sentences are meant to “send a message to anyone who shares a similar ideology” with the defendants, according to one observer of Tuesday’s proceedings.
The Prairieland sentences were more severe than the longest prison term for the average US murderer or rapist, as well as for the January 6, 2021 Capitol insurrectionists—all of whom were later pardoned by President Donald Trump—as well as for convicted child sex trafficker and Jeffrey Epstein co-conspirator Ghislaine Maxwell.
"What happened on Tuesday, it’s shocking to all of us, devastating to the families, 50- to 100-year sentences," Sufia Khalid, deputy director of the National Security Criminal Defense Center at the Muslim Legal Fund of America and lawyer to one of the Prairieland defendants, told Democracy Now! on Thursday. "Those are essentially life sentences for all of the young people in this case, largely of whom were engaged in nonviolent protest at an ICE detention facility."
A group of anti-ICE protesters in Texas were sentenced to 30 to 100 years in jail on Tuesday, after federal prosecutors accused them of being an "antifa terror cell."
The activists attended a protest and noise demonstration outside the Prairieland ICE jail in Alvarado, Texas.… pic.twitter.com/QxFMPaGsvj
— Democracy Now! (@democracynow) June 25, 2026
Khalid noted that the Department of Justice (DOJ) invoked a rarely used "material support for terrorism" statute that "does not require any connection to a domestic terrorist organization or any kind."
"Any American can be targeted that way now. It does not require ties to antifa or to any domestic terrorist organization," she said. "That’s a dangerous precedent, and what allowed them to stack these charges so high on Tuesday."
The DOJ hailed “the first sentencing of defendants affiliated with antifa following... Trump’s executive order designating the group as a domestic terrorist organization in September 2025" in the wake of the assassination of white supremacist influencer Charlie Kirk—which had nothing to do with antifa, a decentralized and leaderless international ideology opposing fascism that's more of a mindset than a movement.
Later that month, Trump also signed National Security Presidential Memorandum 7 (NSPM-7), a directive titled “Countering Domestic Terrorism and Organized Political Violence,” that focuses exclusively on left-wing activities and mandates a “national strategy to investigate and disrupt networks, entities, and organizations that foment political violence so that law enforcement can intervene in criminal conspiracies before they result in violent political acts.”
Khalid pointed to the pardoned January 6 insurrectionists, who "were involved in rioting, carrying massive arsenals of weapons, lots of discussions ahead of time—that didn’t exist in this case—about targeting law enforcement, wanting to kill members of Congress, [and] actually storming the Capitol."
"So, we have a massive, unwarranted sentencing disparity here," she said. "What happened in the court in Fort Worth was unconstitutional and should concern everybody in this country in the direction that it is taking us."
Mark Osler, a law professor and sentencing expert at the University of St. Thomas in Minneapolis, told The Guardian on Friday that "the 30-year sentence for Estrada is probably the one that for most people will come closest to shocking the conscience, simply because this is an activity that took place after the harm occurred."
"What happened in the court in Fort Worth was unconstitutional and should concern everybody in this country in the direction that it is taking us."
Seth Stern, chief of advocacy at the Freedom of the Press Foundation, underscored during a Friday interview in an episode of Fairness and Accuracy in Reporting's Counterspin podcast titled "Criminalizing Dissent" that Estrada "wasn't even at the protest."
"He's somebody who allegedly transported a box of pamphlets because his wife was at the protest," Stern said. "And he believed, according to prosecutors, that the box of pamphlets might implicate his wife... so he was concealing evidence."
"Evidence of what?" he continued. "This wasn't a how-to manual... They were zines. They said nothing about this protest, about the Prairieland detention facility, about shooting this police officer... So when they say that he concealed evidence by moving these zines, evidence of what? It's evidence of an ideology. It's evidence of somebody's reading habits."
"And now they're on the same plane as terrorists, as [Islamic State], according to this administration," Stern added. "It's all pretty absurd. But at the end of the day, we have a Constitution that prohibits people from being locked up for what they think, write, or read, as long as they are not inciting imminent violence. So hopefully the appellate courts will reverse these convictions. But the law is only as good as the people who enforce it."
Jeremy Busby, an incarcerated journalist, wrote on the eve of Estrada's trial that the "homespun zines at issue contain no plans for any shooting, and under normal circumstances, they would clearly be deemed constitutionally protected speech under the First Amendment."
"But the government’s concealment theory only makes sense if it views merely having the literature as criminal," he argued. “Criminalizing possession of literature is a miscarriage of justice, whether in prison or at a protester’s husband’s parents’ house. If the Trump administration is allowed to send Estrada to prison for the crime of possessing literature, members of society at large can be subjected to the same pernicious rules as the incarcerated.”
Amber Lowrey, the sister of Prairieland defendant Savanna Batten—who was sentenced to 50 years behind bars for material support for terrorism and conspiracy to use and using "explosives" (fireworks)—told The Guardian before Batten's trial that the Trump administration just wants "to make an example of people and silence anyone who... opposes the government."
"They want to silence dissent, criminalize dissent," she added.
Trump administration prosecutors have also invoked NSPM-7 in the case of 15 organizers with the groups Direct Action Minnesota and Black Cat Workers, who are accused of impeding the Department of Homeland Security’s anti-immigrant crackdown in Minneapolis, where US citizens Renee Good and Alex Pretti were separately killed earlier this year by ICE and Border Patrol officers.
"We live under a fascist state where ICE agents can murder us with impunity, yet we can go to prison for 50 years for protesting," socialist commentator and journalist Ryan Knight said Thursday on X. "The unjust sentences of the Prairieland protesters violate the First Amendment and infringe on our rights to fight back against a tyrannical government."
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'New Red Scare': ICE Protester Gets 30 Years for Leftist Zines Under Trump Antifa Decree
"The Prairieland model is in motion: inflate anti-ICE protest into a terrorism narrative, then use the courts to punish people for being part of a movement," said one observer.
Jun 23, 2026
Civil liberties defenders sounded the alarm Tuesday over the draconian prison sentences imposed on a group of activists falsely accused by the Trump administration of being members of a non-existent "North Texas Antifa Cell"—including a 30-year term for a man convicted of moving a box containing leftist literature.
In what the US Department of Justice (DOJ) called "the first sentencing of defendants affiliated with Antifa following President Donald J. Trump’s executive order designating the group as a Domestic Terrorist Organization in September 2025," the defendants were sentenced in the US District Court for the Northern District of Texas in Fort Worth to between 30-100 years imprisonment for actions in connection with a July 4, 2025 protest at the Prairieland Detention Center in Alvarado, Texas, an ICE lockup run by prison profiteer LaSalle Corrections.
Despite DOJ documents showing that none of the defendants identified as Antifa—which does not exist as an organization, but is rather mostly an anti-fascist ideology and, to a lesser extent, a decentralized international movement—the targeted individuals were called "members of a North Texas Antifa Cell."
Prosecutors speciously called them "part of a larger militant enterprise made up of networks of individuals and small groups primarily ascribing to an ideology that explicitly calls for the overthrow of the United States government, law enforcement authorities, and the system of law."
The group Support the Prairieland Defendants said that relatives and supporters of the defendants "sat stunned as US District Judges Mark Pittman and Reed O’Connor delivered sentences ranging from 30-100 years in prison." They called the punishment "cruel, callous, and starkly disproportionate to the defendants’ actions."
On the night of the Prairieland protest, the group of convicted activists gathered outside what critics have called a concentration camp for what was meant to be a noise demonstration in solidarity with detainees. The group set off fireworks, and some participants vandalized property by spray-painting slogans, damaging a guard station, and damaging vehicles.
When law enforcement responded, a gunman fired from a wooded area and wounded Alvarado Police Lt. Thomas Gross in the neck. Prosecutors characterized the event as a coordinated attack, while defense attorneys argued that most participants intended only to protest and did not plan or expect violence.
Former US Marine Corps reservist Benjamin Song, who was convicted of shooting Gross, was sentenced to 100 years, officially for attempted murder of a law enforcement officer and lesser offenses including discharging a firearm during a violent crime, conspiracy to use and using an explosive, and rioting.
The "explosives" in question were fireworks brought to the Fourth of July protest to show solidarity with people detained by ICE.
Song said he acted in defense of his comrades.
"When I saw... Gross stop pursuing and point his gun at the back of a running, unarmed protester, like he testified, I was terrified," he said on Tuesday. "As a firearms instructor and a United States Marine Corps veteran, I understood what I was seeing. I knew what it meant for someone to lean forward into a gun, like he testified, to prepare for recoil."
Maricela Rueda was sentenced to 70 years, officially for rioting, providing material support to terrorists, conspiracy to use and using an explosive, and conspiracy to conceal documents. Critics said her "crime" was protesting ICE oppression and asking her husband to move a box.
Savanna Batten, Zachary Evetts, Autumn Hill, Bradford Morris, and Elizabeth Soto got 50 years each, officially for rioting, providing material support to terrorists, and conspiracy to use and using an explosive. Critics said their "crime" was attending a protest.
Seven others—Seth Sikes, Nathan Baumann, Joy Gibson, Susan Kent, Rebecca Morgan, Lynette Sharp, and John Thomas—have already pleaded guilty to one count each of providing material support to terrorists and are set to be sentenced on July 1. Ines Soto, who is married to Elizabeth Soto, was convicted of the same offenses as her spouse and was granted a continuance. She is also set to be sentenced on July 1.
Most disturbingly, say free speech defenders, is the 30-year prison sentence imposed on Daniel "Des" Rolando Sanchez Estrada for conspiracy to conceal documents.
Under the auspices of National Security Presidential Memorandum 7 (NSPM-7)—signed by Trump following last year's assassination of racist influencer Charlie Kirk in an effort to target leftists—Sanchez was accused of “corruptly concealing a document or record” after he moved a box containing leftist literature, including zines titled "Another Critique of Insurrectionalism," "It's Vacant, Take It!," and "War In the Streets: Tactical Lessons From the Global Civil War Vol. I."
Prosecutors alleged that Sanchez moved the box in a bid to avoid incriminating Rueda, who is his wife.
Prior to his sentencing, Sanchez—who is a green card holder—told the court that "I worked really hard every day in this country, and I believe in human rights and helping others in need. I donate money and art to help animals and other people."
"I’m a father, a husband, and a teacher," he added. "But I’m not a terrorist.”
Judge O'Connor was not moved, telling the court that the lengthy sentences are meant to "send a message to anyone who shares a similar ideology" with the defendants, according to one observer of Tuesday's proceedings.
"These sentences are a travesty and totally unjustified, but that's the point," Congresswoman Rashida Tlaib (D-Mich.) said on social media. "Americans hate the fascist Trump regime, so the only way they can try to cling to power is brute force. NSPM-7 is a grave threat to all of us, and more bullshit 'terrorism' charges like these are coming."
The Freedom of the Press Foundation said in response to Tuesday's sentencing, "The zines at issue may have discussed controversial political views, but they said nothing about the shooting or the Prairieland protest, and prosecutors did not allege that Sanchez’s wife... fired any shots or had anything to do with the shooting."
Seth Stern, Freedom of the Press Foundation's advocacy chief, said in a statement that "if prosecutors are correct that Sanchez moved zines because he feared they’d try to use them against his wife, that’s a commentary on prosecutors’ lawlessness, not Sanchez’s."
"Under the First Amendment, possessing literature cannot be criminal, so what legitimate evidence could he possibly have been concealing?" he continued. "Political zines like those Sanchez possessed are no different from the pro-Revolution pamphlets this country’s founders had in mind when they drafted the First Amendment’s press clause."
“Sanchez’s case is the latest example of the Trump administration grasping at any legal straws it can to criminalize disfavored ideologies and writings, from conflating dissent with terrorism to deporting immigrants who report on protests or criticize wars the US bankrolls," Stern said.
"Americans should not make the mistake of believing Sanchez’s sentence only threatens immigrants, leftists, or so-called Antifa members—they’re just the low-hanging fruit, not the endgame," he added.
The prison terms for the Prairieland defendants were more severe than the longest sentences for the average US murderer or rapist, as well as for the January 6, 2021 Capitol insurrectionists—all of whom were later pardoned by Trump.
Arjun Sethi, a professor at Georgetown Law and Vanderbilt Law School, said on social media that "if you care about free speech and protest one iota, you should be aghast at the sentences just handed down in the Prairieland case."
Democratic Socialists of America (DSA) Fort Worth secretary Moishe Dovgolevsky called the sentences "the face of the new Red Scare."
Ana Marie Thorne, chair of the Social Justice Committee at All People’s Church Unitarian Universalist in Fort Worth, said that “as a congregation, we decided that this case was a fundamental test of our right to dissent against authoritarian regimes."
“These defendants are not militant monsters out to kill,” she added. “They are everyday people who saw our country literally interning people in concentration camps and decided to show up at Prairieland Detention Center to let those incarcerated there know that they mattered. We leave here today knowing that the outcome of this trial is not the end. It is the beginning.”
Moira Meltzer-Cohen, an attorney representing defendants in the case, said following Tuesday's sentencing that "this entire prosecution has been calculated to test the state's ability to quell dissent."
"But the way forward is not silence, it is courageous solidarity with those who are being punished on the basis of their protected beliefs, associations, and activities," she added. "And as devastating as this has been for those affected, I do believe their rights will be vindicated in the post-conviction process."
"This entire prosecution has been calculated to test the state's ability to quell dissent."
Song warned the American people Tuesday that while "strangers" may be targeted today, "it will be you tomorrow."
"There is no group called Antifa. Everyone knows that, but this government is so blinded by hate... they want to bury me with an idea," he said. "This idea that they hate is the very idea of being against fascism."
"What kind of people are not against fascism?" he continued. "What kind of people are not against the hate and war and genocide and concentration camps that the Nazis brought upon the world?"
"The hate has migrated into the government," Song warned. "Now that hate is taking power over me. It is taking power over you, over your words and your ideas. When will you be called a domestic terrorist, too?"
In Minneapolis, US Attorney Daniel Rosen—who was appointed by Trump last year—last week invoked NSPM-7 in the prosecution of 15 organizers with the groups Direct Action Minnesota and Black Cat Workers Collective who Rosen claims are linked to Antifa and who are accused of impeding the Department of Homeland Security's deadly anti-immigrant crackdown.
"When they killed Renee Good and Alex Pretti, they went on TV, and they called them domestic terrorists, the same day, within the hour," Song said, referring to two US citizens shot dead by Trump administration immigration enforcers in Minneapolis. "When will that happen to you?"
"I don’t fear for myself," he added. "I fear for all of you."
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Trump’s New 'Counterterrorism' Strategy Is a Sweeping Attack on Domestic Dissent
The administration is using national security as a pretext to target protesters, civil rights groups, and vulnerable communities. Here is how we fight back.
May 15, 2026
On May 6, 2026, the Trump administration released its latest conspiracy-laden attack on “the left,” this time in the form of a “counterterrorism strategy". While laughably lacking in evidence or regard for laws, the “strategy” will have serious, deadly consequences. It sets our country’s counterterror apparatus and racist, anti-Muslim goals against the Global South, Europe, and all those here at home who have the nerve to demand their rights and oppose full-fledged autocracy.
In this post, I will focus on the domestic implications, although the global impacts are both frightening and impossible to fully separate, as the strategy conflates everything from domestic resistance movements to people with disfavored ideologies to drug trafficking with international terrorism.
The strategy is authored by Sebastian Gorka, a known anti-Muslim bigot whom former counterterrorism officials pan as “ill-informed” and a “huckster.” It should come as no surprise, therefore, that this so-called “strategy” is basically a cocktail of fearmongering and post-9/11 playbook, but on steroids. It incorporates and expands on the president’s National Security Presidential Memorandum-7, which casts a sweeping set of dissenting views as (domestic) terrorism, plays up fears of a “new alliance” between leftists and “Islamists,” and completely ignores the documented threats of right-wing and white supremacist extremists.
This is all hauntingly familiar. For generations, federal agencies have surveilled, monitored, and targeted Black, immigrant, Muslim, Middle Eastern, Asian, Indigenous, and other people of color, using surveillance as a tool of intimidation and enforcement that deepens racial inequities instead of making people safer.
Communities that have historically borne the brunt of government overreach will once again suffer the greatest harm. But this sweeping attack on dissent affects everyone, threatening the foundations of our free society.
For example, the strategy promises to wield massive law enforcement, surveillance, and other counterterror powers to “map” and "neutralize" groups it describes as "anti‑American, radically pro‑transgender, and anarchist." In the post-9/11 era, the New York Police Department attempted to map all Muslims and their institutions in the Tri-State Area, for which Muslim Advocates, the Center for Constitutional Rights, and Gibbons P.C. successfully sued in 2012. We have long seen our community and sacred spaces violated by informants and oppressive surveillance.
The document also states that the US government will "[i]dentify terror actors and plots before they happen,” (emphasis added) which sounds dystopian, but is the same false logic underlying the notorious Countering Violent Extremism program that targeted American Muslims in the post-9/11 era.
In Gorka's reported comments to the press, he doubled down on targeting "ideology” and preventive policing: “We see a threat… we will crush it, whether it is the cartels, the jihadists, or violent left-wing extremists like antifa and like the transgender killers, the non-binary, the left-wing radicals.”
These practices have caused lasting trauma and generational impact for Muslims, stifling our religious and political expression and wrecking intra-community trust. Now the government is wolfishly expanding while few seem to notice. Gorka himself said, “We are moving so fast, they just can’t keep up with us, which is delicious.”
A Sweeping Attack on Dissent
Indeed, the breadth of attacks on protesters, dissenters, and civil rights organizations is overwhelming. A few examples:
- This administration slandered Renee Good and Alex Pretti as domestic terrorists after its own officers shot each of them dead in broad daylight, contravening overwhelming bystander and video evidence.
- Prairieland case: Eight anti-Immigration and Customs Enforcement (ICE) protesters were convicted of material support for terrorism; raided; and had their flyers, zines, and use of encrypted chats cited in the indictment as evidence of their connection to terrorism.
- “Domestic terrorist” database: In January, an ICE officer told a legal observer, “[W]e have a nice little database, and now you're considered a domestic terrorist." When pressed at a congressional hearing, acting ICE Director Todd Lyons denied that a database of American “domestic terrorists” exists, but in a subsequent hearing, former Attorney General Pam Bondi refused to deny it.
- In late April, federal prosecutors indicted the Southern Poverty Law Center, which has documented violent white supremacists for decades.
Communities that have historically borne the brunt of government overreach will once again suffer the greatest harm. But this sweeping attack on dissent affects everyone, threatening the foundations of our free society.
What can we do?
Make noise: Call attention to the harms of this counterterror “strategy.” Its release during congressional recess let it fly under the radar, although Ranking Member of House Homeland Security Committee Bennie Thompson (D-Miss.) noted its lack of strategy and called again for a hearing with officials. Other elected officials should likewise take action to condemn this latest attack on dissent, demand transparency about its implementation and adherence to the Constitution, and protect our rights.
Congress also has an immediate opportunity to curb vast surveillance powers enabled by Foreign Intelligence Surveillance Act Section 702. Congressional leadership has so far blocked bipartisan efforts to pass a warrant requirement for searches of people in the US, and before accessing our intimate details through data-broker purchases. Lawmakers have until June 12 to enact basic protections for people in the US. This counterterror strategy—along with the recent whispers of its potential use against right-wing dissenters from Trumpism—shows exactly why we must urgently rein in the government's massive counterterror arsenal, starting with 702’s warrantless spy power.
Demand that local governments refuse to cooperate with the federal government, divest and remove surveillance technology, and withdraw from Joint Terrorism Task Forces (JTTF’s), which deputize local law enforcement to do the feds’ bidding and share information pursuant to its permissive interpretations of federal law.
Collectively, we must continue to demand our rights: to protest, to speak, to commune, and to live free from Big Brother—especially Big Brother with a gun. Remember: The overwhelm we feel isn’t an accident; it’s tactical. Refuse to allow the administration’s intimidation tactics to succeed. Our mass, unapologetic refusal to comply, is what’s truly “delicious.”
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