Here’s a quiz; choose carefully!
The Immigration and Customs Enforcement (ICE) component of the US Department of Homeland Security is
- a) a bunch of jack-booted, racist thugs on a power trip
- b) cowards hiding behind masks and terrorizing innocents
- c) the modern-day Gestapo for the Trump administration
- d) routinely violating the Constitution and everyone’s civil rights
- e) all of the above
The correct answer is, if you thought this was a real quiz, you desperately need to continue reading. If you correctly diagnosed the cleverly-hidden satire font, keep reading, too. You may be surprised!
I’m going to take some of the main criticisms I see in social media memes (so much from which to choose!) and explain why they are wrong using everyday language and examples.
Aren’t the masks and lack of uniforms Gestapo tactics? They used to teach history on the History channel; apparently not so much anymore. For the record, the Gestapo proudly wore uniforms, as they were associated with the SchutzStaffel, or SS, under Himmler. They did so because they wanted to strike fear into anyone who saw them, and they didn’t wear masks, because they did not fear anyone attacking them. ICE on the other hand does not wear uniforms because they often have to sneak up on suspects, and they wear masks specifically because they do fear people attacking them (or their families). ICE should have some identifying item (e.g., a badge, a tear-open jacket which shows POLICE) to show once the suspects are engaged, to be clear they are federal agents. But even that depends on the situation, and does not preclude them from completing the arrest without producing those identifying items. Here’s a fine video from NBC Boston which explains:
“ICE is terrorizing brown-skinned people at the airport.” This is part technical correction, part understanding what your rights are, and aren’t. First off, there is (generally) no ICE at the airport. You may see this as an unimportant distinction, but if you want t0 talk intelligently about a subject, you should probably know enough to identify the correct agency. If you’re flying anywhere, you’ll encounter TSA before you board an aircraft. As a reminder of the limits of your rights, try refusing to be searched at the TSA check point, and let me know how that goes! If you’re arriving in the United States, you’ll encounter Customs and Border Protection (CBP), which checks your passport and inspects your luggage. Again, US law and many lawsuits have established that CBP officers have a broad ability to search you and your belongings (including your cell phone) when you arrive. It’s nothing new; it’s been that way since before cell phones!
Perhaps you’ve heard of legal immigrants being arrested at the airport? There are numerous such reports. For example, I just read a Washington Post story entitled, “Scientist on green card detained for a week without explanation, lawyer says.” Yet within the story are these sentences:
In 2011, Kim faced a minor marijuana possession charge in Texas, (his attorney) said, but he fulfilled a community service requirement and successfully petitioned for nondisclosure to seal the offense from the public record.
“If a green card holder is convicted of a drug offense, violating their status, that person is issued a Notice to Appear and CBP coordinates detention space with [Immigration and Customs Enforcement],” a Customs and Border Protection spokesperson said Tuesday in a statement to The Washington Post. “This alien is in ICE custody pending removal proceedings.”
Now, you and I may argue about whether deporting a scientist for a decade-old marijuana conviction is a smart policy. But like so many of these stories, there is a valid, legal reason people are being detained. Expunged records are legally available to immigration officials. There is an explanation, and it’s not because of the color of his skin.
Where’s your warrant? No doubt you saw a video with people asking ICE agents some variation on this question. The most famous is NY City Councilman Brad Lander in this clip:
Once and for all, ICE does not need a “judicial warrant” to arrest an illegal immigrant. That’s the law, despite what you may have read on some meme. They do need one to enter private property, but they often get past that by getting consent of the property owner. And there is no right for anyone to interfere with ICE by asking to see such a warrant. Ahh, but Mr. Lander is an American citizen, so how come ICE can arrest him? Watch the video. He locks arms with the man detained and refuses to let go, thus interfering with the federal agents. When you interfere with federal law enforcement, do you think they have to stop, leave, and go get a warrant to arrest you? No they don’t. If they do intend to charge you, they’ll need to explain to a judge the basis for the arrest. In most of these cases, the charges are dropped, which is appropriate.
Lost in this nonsense is the concept of nonviolent resistance, which is legitimate. Mr. Lander can stand up for his principals and interfere, and may pay a price for that act. Nonviolent resistance is not a “don’t go to jail card.” It means you’re ready to pay the price for your beliefs. Good for you. The Rev. Dr. Martin Luther King Jr’s famous missive was titled “Letter from a Birmingham jail” for a reason! But don’t think that in any way permits you to interfere with federal law enforcement, nor does it allow you to cross from nonviolent to more active measures (like throwing stones, wrestling, etc.).
Either everyone has due process, or no one does. This one sounds catchy, I’ll give you that. And people tend to think of rights as an all-or-nothing thing. The problem here is treating due process like a thing, rather than what it is: a process. I mean, the word is right there! Due process is different for different people and different circumstances. It means that whatever process (there’s that word again) is in place for the action involved must be followed. The government doesn’t get to short-circuit it. But the process is not the same for all people, at all times, in all actions. For example, in the case of illegal immigration due process, the appropriate law is called expedited removal. It reads:
undocumented persons who are apprehended anywhere in the U.S., cannot prove they have resided in the U.S. for at least two years; and, entered the U.S. between Ports of Entry (POEs) or were paroled into the U.S. and have their parole status revoked, may be deported in as little as a single day without an immigration court hearing or other appearance before an immigration judge.
While the Trump administration has expanded who and where is subject to expedited removal, this law has been in effect going all the way back to George W. Bush. That is the due process: show you’ve been here at least two years and arrived at a POE, or you’re gone. In other cases due process involves much more, but the point to take away is it’s often different.
“ICE is harassing American citizens who did nothing wrong.” This one often comes up when ICE arrests a group and then ends up releasing one of the group because they are a citizen. But here’s the rub: if I show you a picture of a group, can you tell me which are citizens? When ICE goes to arrest a group, they can’t make immediate judgments about who is or isn’t a citizen. They do have information identifying the illegal aliens (legal term) they are going to arrest, and helping such a person hide, flee or evade arrest is a crime. It’s called harboring. The best example of this Kenny Laynez, an eighteen year-old US citizen detained for six hours in Florida. Here’s his arrest video:
Now I think the way the Florida Highway Patrol officers talked to/about the detainees is totally inappropriate. But what young Mr. Laynez did wrong was (1) refuse to open his door, (2) struggle with the officer who removed him, and (3) knowingly giving illegal immigrants a ride. I also think his comments about “you can’t do that” and “That’s not the way you arrest someone” were irritants, but of course the police should be professional enough to ignore them. Should he have been tried? No, and he wasn’t. He was released six hours later, as soon as they confirmed his citizenship. Which leads to the next one:
“I thought they were going to remove the worst first.” I often hear this from people who readily admit they never watched a single Trump campaign rally. While Trump did commit to rounding up the “bad hombres” (his words), he absolutely made it clear he intended the largest deportation effort in US history. Now no one should be under the ridiculous impression that all deportations were on hold until every violent criminal was first deported. When ICE finds a violent criminal alien along with many other nonviolent ones, they all get rolled up. This only makes sense.
Trump has widened the drag net for all illegal aliens, and made it clear that self-deportation is the best way to avoid ICE. While the numbers are in dispute, somewhere between 200,000 and one million illegal immigrants have left the country since the Trump administration began. And ICE stands to go from an annual budget of US $3 billion to US $45 billion, with a onetime plus-up of US $30 billion for detention facilities. So this more intensive search/detain/deport approach is likely to accelerate, not decelerate. Which relates to my final point:
“They are deporting immigrants who have no criminal record.” This sounds like a damning observation, if you don’t listen closely. Let me give you the same concept in a different example, to make the point clear.
They’re arresting fraudsters who haven’t killed anyone.
They’re arresting sexual assaulters who didn’t steal anything
They’re arresting thieves who pays their taxes
They’re arresting politicians who tell the truth.
That last one is of course an impossibility. I just put it there to make sure you’re still reading. What all these examples have in common is a classification error. Illegal immigration is a civil offense, not a criminal one. But in everyday language, both are crimes. I have yet to hear anyone shrug off President Trump’s being found “liable” for sexual abuse because it was a civil court finding.
By definition, illegal aliens have committed a civil violation, so mentioning they haven’t committed a crime is either (1) wrong, or (2) confused. Either way, it doesn’t matter. Now some like to point out that “the detained man has been living in the country for twenty years.” I know of no other crime where we decide, “well, it was so long ago, that’s that, guess we can’t do anything about it.” Certainly President Trump was accused of a crime from thirty years ago, at a date and time unspecified. An Egyptian illegal immigrant lived here peaceably in Colorado with his family (also illegal) for almost three years before he decided to “kill all the Zionists” (his words) by throwing Molotov cocktails at them. Was that the first thing he did wrong?

In case you think the real problem is the numbers ICE is rolling up, consider this chart. Trump’s 2025 numbers? So far, 150,000 deportations. He’s on track to perhaps slightly beat . . . Joe Biden’s record of last year. Was Joe Biden secretly running a Nazi regime? Was he only deporting the worst of the worst? Where was the outrage then?
The government has between one and one-and-a-half million final deportation orders outstanding. These are people of all types who have completed every avenue to become legal immigrants, including asylum, and been turned away. They have no more due process when it comes to being deported. And they are all still in the country. They can be detained by ICE at any time, anywhere, and summarily deported. They have exhausted all forms of due process. But you can bet someone with a cell phone will record the encounter and claim the SS is among us.
You don’t have to agree with the Trump administration’s immigration and deportation policy. You may want to complain about it (I do sometimes, too), or even engage in civil disobedience. Go for it! First ask yourself why it’s different in your mind than last year under the Biden administration, or back in 2012 under President Obama? But comparing it to Nazi Germany and denigrating the ICE officers doing their legal mission under the rules that exist? nICE try, but wrong!








