Cruz’s Latest Bill Could Make Organizing a Protest a Federal Crime

Texas Sen. Ted Cruz has introduced new legislation that would expand the federal Racketeer Influenced and Corrupt Organizations (RICO) Act to include rioting, allowing law enforcement to pursue not just individuals involved in violence, but also those who organize and fund protests where violence occurs. The bill, introduced last week, comes amid ongoing demonstrations against Immigration and Customs Enforcement (ICE) operations, some of which have led to physical clashes with law enforcement in cities like Los Angeles.

As reported by the Houston Chronicle, under Cruz’s proposal, activist organizations, particularly those coordinating protests against federal immigration enforcement, could face federal racketeering charges if any protest they organize results in violence. Charles Stimson of the Heritage Foundation backed the move in a recent op-ed, writing that the bill would shift the legal focus from individual rioters to “organizers, funders, and logistical supporters,” treating them as part of a coordinated criminal enterprise. 

“Today’s organized riots…are not spontaneous unfunded actions by local actors, and they should not be treated as such,” Stimson wrote.

Cruz insists the bill would not apply to peaceful protests, but rather to what he describes as efforts by domestic NGOs and foreign adversaries to destabilize the United States. “My legislation will give the Department of Justice the tools it needs to hold them accountable,” Cruz said. The bill has already drawn support from six Republican co-sponsors, including Sen. John Cornyn of Texas and Sen. Josh Hawley of Missouri.

Critics have raised concerns over the potential implications for civil liberties, but key groups such as the American Civil Liberties Union (ACLU) and 50501, an organization involved in coordinating ICE protests, declined to comment. If passed, the bill would allow prosecutors to use RICO charges against protest organizers if any protest escalates into violence. The effort comes despite Cruz and other Republicans having previously praised Jan. 6 Capitol rioters as “patriots,” though Cruz initially called the event a “violent terrorist attack” before walking back the statement in 2022 under pressure from conservative commentators.