• Federal judge in Illinois issues preliminary injunction blocking government from forcing platforms to censor app
• Indiana man Mark Hodges created “Eyes Up” app to document ICE activity in public
• App removed from Apple’s App Store in October at request of Trump administration
• Lawsuit filed by Foundation for Individual Rights and Expression alleges First Amendment violation
• Ruling protects right to share information about government and law enforcement actions
INDIANAPOLIS — A federal judge in Illinois has ruled in favor of a Brown County, Indiana man who sued the Trump administration, claiming officials pressured Apple to remove his app designed to monitor Immigration and Customs Enforcement activity.
Mark Hodges created the “Eyes Up” app in August 2025. Users can upload and view photos and videos of ICE activity, with a map showing where each photo or video was taken. Hodges described the project as a way to hold the government accountable and document law enforcement actions in public places.
“I’ve never been strongly affiliated with any political party, so this is not a political project,” Hodges said. “I saw that something was wrong. I saw that something was happening that should not be happening, and I also saw the potential for evidence of this to disappear. It’s essentially a way to hold the government accountable, a way to document what’s happening when it comes to law enforcement in public places.”
The Department of Homeland Security has argued that apps like Eyes Up interfere with ICE agents’ jobs and can lead to violence against officers. Hodges emphasized that his app does not provide real-time information. Moderators review posts for authenticity and location, a process that can take 24 to 48 hours or longer.
“We don’t want real-time information floating around there. We don’t want anyone involved in any of these situations to be put in any danger,” Hodges said.
In October, Apple removed the Eyes Up app from its App Store following a request from the Trump administration. This prompted The Foundation for Individual Rights and Expression to file a lawsuit on Hodges’ behalf in February. The First Amendment watchdog group alleges the action violated constitutional rights.
“They said, ‘The government has provided us with information, and we’re acting on that information,’” Hodges said.
Apple stated the app violated its guidelines because “its purpose is to provide location information about law enforcement officers that can be used to harm such officers,” according to court documents. Similar apps, including ICEBlock, were also removed around the same time after statements from then-Attorney General Pam Bondi and Secretary of Homeland Security Kristi Noem.
On Friday, April 17, the federal judge issued a preliminary injunction ruling in favor of Hodges. The injunction blocks the government from forcing platforms to censor the content.
“The First Amendment protects our right to share information about our government, including reporting on what law enforcement does in public. This is a very encouraging ruling, and we look forward to fully vindicating our clients’ rights as the case progresses,” senior attorney Colin McDonell said in a statement.
The judge noted that Apple had previously reviewed and approved the app, determining its content met requirements. Apple only changed its position after contact from the defendants, who “demanded, rather than requested, that Facebook and Apple censor Plaintiff’s speech.”
A Chicago woman who started a now-removed ICE-tracking Facebook page is also part of the lawsuit.
“It’s a cherished American value, if I’m being frank, we all should be able to speak out, especially about the government,” Hodges said. “That is one of the core reasons that we have the First Amendment.”
Both parties are required to file a joint status report by Wednesday, April 22, proposing next steps in the case.
A Department of Homeland Security spokesperson provided the following statement: “ICE tracking apps put the lives of the men and women of law enforcement in danger as they go after terrorists, vicious gangs and violent criminal rings. Our law officers are facing a 1,300% increase in assaults, a 3,300% increase in vehicle attacks, and an 8,000% increase in death threats. Further, these apps are a method to interfere with law enforcement activities and harbor illegal aliens, both of which are also separately illegal.”
The Department of Justice attorney on the case has not responded to requests for comment.
This preliminary ruling highlights ongoing tensions between government efforts to protect law enforcement and First Amendment protections for documenting public actions.