ICE overkills, trying to run up enforcement numbers

ICE overkills, trying to run up enforcement numbers

An execution in Biddeford, Maine

Gordon L. Weil

 

Many years ago, I commuted from Maine to New York City via Boston airport every week.  I could walk across the terminal, past the gate agent and step onto the plane.  There was no security line.   I could arrive at the gate just before it closed.

The world has changed, and that will never happen again.

From trust, we’ve gone to distrust.  From safety, we’ve gone to danger.  From rare shootings, we’ve gone to firing at will.  From avoiding threats, we’ve gone to “stand your ground.”  Is this progress?  Are we making America great again?

This week, where we’ve arrived was Biddeford, Maine.  ICE sought a person who had entered the country illegally.   They tried to make a driver stop his car so they could arrest him as that person.  He wasn’t that person.  He may have panicked.  There no evidence he wanted to harm the ICE agents, though he may have wanted to drive away.  The ICE agents killed him.

This was the second fatal shooting this week by ICE agents of a person who was not a threat.  There have been 11 ICE fatal shootings during President Trump’s second term.  They are part of his policy to reduce the number of potentially illegal immigrants, with 2,000 arrests daily as the target.    

He promised to halt the flow of unlawful entrants and has been generally successful, gaining wide public support.  Beyond that, he promised to rid the country of undocumented residents who are criminals, again receiving broad public support.  

But his ICE has gone after easy targets, productive members of the community who entered illegally perhaps many years ago.  They are neighbors of American citizens who have no problem with their presence, and he does not have wide public support for their removal.  His poll ratings on immigration became negative.

The reaction to Trump’s immigration policy shows that, like many public issues, there is a grey zone.  While ending illegal entry is generally what people want, they do not want wholesale deportation or an official army of vigilantes.

ICE has become a political football, but it enjoys Trump’s full backing. It is only restrained when its excesses become liabilities to his standing.  Some Democrats call for its outright abolition, but that demand has an echo of former President Biden’s excessively loose immigration policy that added to the scope of the problem.

The U.S. needs to enforce its immigration laws to ensure national security and the ability to carry out an agreed population policy.  If not called ICE, the country needs responsible policing of its laws.

The question boils down to whether the removal of any illegal person is worth the death of anybody – that person, ICE agents, protesters or innocent bystanders.  The answer should be that immigration enforcement is not worth any deaths, especially because each incident is not the life-or-death last chance the federal government will have to apprehend a violator.

It is evident that the use of firearms by ICE has become the first tool that comes to mind and comes to hand.  It should be the last.  ICE agents should be banned from using their weapons for enforcement.  They should only be used for self-defense when there is no other alternative.  Or disarm ICE agents, requiring them to call for armed help in limited situations.

In Biddeford, ICE agents had options they ignored. They include (a) step back, get out of the way, (b) damage the vehicle, not the driver, (c) let the driver get away at this time or (d) interview neighbors to find out about the person, making identification more certain and establishing where the person can be approached peacefully.

None of these options is possible if the object is mostly to add to the numbers of people removed, no matter what the cost.

Why has the world changed so radically from the time when I could stroll onto a plane to one where an innocent and friendly woman in Minneapolis is killed by an ICE agent who refused to step clear of her slow-moving car?

One cause is terrorism.  It’s a world-wide challenge.  Still, authorities seem to have ended ordinary crime by labelling every violent act as terrorism.  That allows for a violent response, often providing prompt justice at the end of a gun barrel.

Another is guns themselves.  The Second Amendment authorizes broad gun rights, but the Supreme Court initially allowed some limits.  Gun advocates see an absolute right, and the Court has been inching in their direction.  Increasing availability and access have been the path to the acceptance of greater use.

Perhaps most important is Trump and his partisans turning political opponents into the embodiment of evil.  That has led to the death of innocents and the growing threats to elected officials and judges.  Clearly, this is overkill.

  

American 'secret police' is real: it happens now

Gordon L. Weil

I recently noted that ICE agents are wearing masks and unmarked clothing to disguise their identity as law enforcement personnel.  They seize people off the street who cannot be sure if they are being accosted by the police or a thug. 

The masks are supposed to protect the identity of professional immigration law enforcers from retaliation by people linked with those they take into custody.   Individuals, often unarmed and unsuspecting civilians, are forcefully detained, even if they don’t resist.  Anonymity is allowed to replace discipline in exercising police power.

Part of becoming a soldier or police officer, naturally dangerous professions, is accepting that the jobs come with risks.   Early retirement, often after 20 years, may be partially compensated them for those risks and enable to purse another career.

Somewhat kiddingly, I replied to some comments that the solution to the issue would be to ban everyone from wearing masks, except for law enforcement officers.  That way, the police could be clearly identified when they carried out their official duties, while their exact identities would remain unknown.  

This proposal was meant to illustrate now inappropriate it is to keep the identity or even the role of law enforcement personnel secret from the public.  It might discourage them from treating immigration subjects as if they had been proven guilty and should be promptly expelled.

Wearing masks and showing no identification may be the answer used by some law enforcement agencies to counteract the growing use of police body cameras or video recordings by the general public.  Police accountability is lost.

Nassau County, New York, has come close to doing just that.  In the Long Island county with a population greater than many states, the general public is banned from wearing masks.  But local police working on immigration cases may wear masks.  Thus, if worked as designed, a person wearing a mask would obviously be law enforcement.

The new county rule could expose law enforcement agents to being singled out, the very danger that wearing masks had been designed to reduce.  

The Nassau practice is based on the idea that police are more likely to be targeted by people reacting to threat of deportation than by people associated with other accused criminals.  No evidence has been offered to back up that distinction about relative risk.  If they haven’t needed masks previously, why now?

Is there a risk that law enforcement personnel will begin wearing masks all the time, while average people may not?  Sounds like something out of a dystopian movie.

One possible explanation is that ICE personnel who are nabbing people are not law enforcement officers at all.  They may be contract employees hired to meet quotas in finding people supposedly breaking immigration laws.  They don’t wear badges, because they don’t have them, and they are not subject to police discipline.

In Los Angeles, it has happened, and ICE was sued by the ACLU and others.  It agreed not to use contractors in L.A. and San Francisco area jails and prisons.

It should be obvious that violence solves nothing, and law enforcement personnel should not be targeted.  Such attacks should not be tolerated and penalties should be severe. 

But allowing cops to be mistaken for criminals, while avoiding public accountability, is a questionable alternative, and it could encourage undisciplined policing or worse.  The system is defective if it can lead to American citizens or anyone else, for that matter, being seized like convicted criminals without the enforcers being held accountable.

  

America's secret police and 'shadow' court

Gordon L. Weil

1. Lt. Columbo, one of the most famous television police officers, always identified himself and showed his credentials.  There’s a reason that police officers wear badges, so it was routine for him and almost all officers to identify themselves.

The purpose of the Constitution is to protect people from an overzealous government that might trample on their “inalienable rights.”  The badge identifies the police to a person who they approach and gives that person a means to take action against an abuse of their authority.  It can limit arbitrary police action and promote accountability.

But agents of Immigration and Customs Enforcement show no identification, even wearing no insignia on their uniforms.  This American secret police wears face masks.  It is impossible to know if a person is being accosted by an authorized law enforcement agent or a thug.  ICE says they need to be protected from illegal immigrants.  Children?  University graduate students? People asking who they are and risking arrest for impeding them?

This looks remarkably like a policy that says a national emergency allows the government to ignore the Constitution.  That document is not meant only for use on sunny days; it’s meant for any day.

2. President Trump is hailed for getting NATO allies to agree to match the American spending of five percent of GDP on defense.  The U.S. is a continental nation, unlike all NATO members except Canada.  It must maintain a two-ocean defense plus a presence elsewhere.  That’s not true for Belgium or Spain.  Maybe one size does not fit all.

Besides, five percent, like so many other rules, is based on the number of fingers on the human hand.  When Spain says it can meet the alliance’s obligations applying to it, but at a lower cost, the NATO Secretary General, a total Trump fan, flatly says they can’t.  That raises the question if member countries even have specific military obligations to the alliance or just a budget commitment to keep Trump satisfied and on board.  Maybe we don’t have to see them, but we need evidence they exist.

3. Maine Sen. Susan Collins was one of only three GOP senators to vote against the One Big Beautiful Bill.  Her risk-taking deserves credit.

Some of her Maine critics allege that she takes on the president when she knows it won’t influence the outcome.  Did she know that Alaska’s Murkowski, normally her ally, would vote for the bill?

Collins is proud to chair the once-powerful Appropriations Committee, a post which requires her to show GOP loyalty.  But her committee was entirely bypassed by the OBBB.  It had no visible say on any appropriations in the bill; Collins was just another face in the Republican crowd.

North Carolina’s GOP Sen. Thom Tillis was so unhappy with Washington events, that he chose not to run next year for a third term.  Collins seems to be moving toward seeking a sixth term, more than any senator from Maine has ever had.  Her place in history might be better if she showed more independence and either chose not to run or accepted the risk of defeat.  Margaret Chase Smith is well remembered, but she lost her last race for the Senate.

4. Trump likes to count people like the leaders of Russia, China and North Vietnam as his friends.  Maybe he thinks that will flatter them.  Maybe he thinks that, in his select group of friends, he will be respected and get results.  For him, world politics is personal.

He may be missing out on history.  The other chiefs are not wheeling and dealing; they are pursuing centuries-old goals and relationships.  Trump simply does not have the educational background to know where they are coming from.  He does not get results as he might in a purely business deal.

Maybe the authoritarians think they can string him along so that they can pursue their ambitions without his interference?  We’ve heard of the “fog of war.”  How about their “fog of false friendship?”

5. The Nobel Peace Prize is awarded by a select group of five Norwegians.  Often, the Prize reflects the idealism of Alfred Nobel or the political values of Norway.  For example, the 1935 Prize went to an imprisoned German journalist who had been critical of illegal Nazi rearmament.  And it doesn’t usually go to peace mediators, but rather to the parties that have agreed to make peace.  Negotiations are rewarded more often than surrenders after being bombed.

Trump has been nominated for the Prize by Israeli Prime Minister Benjamin Netanyahu, for whom the International Criminal Court has issued an arrest warrant to face charges of responsibility for war crimes.

Taking this all together, it’s doubtful Trump will be invited to Oslo in December.

6. A Supreme Court “shadow docket” decision just allowed Trump to reorganize the federal government and lay off thousands of workers until such time as the Court decides if what he has done was allowed by law.  By that time, Trump will have reshaped the government without congressional approval, in effect overriding its decisions.

Thus, what is served up as a procedural decision, overriding the detailed analysis by a district court without providing any substance, has the effect of a major ruling.  In the unlikely case that the Supreme Court were persuaded by the lower court’s ultimate ruling, its decision would amount to locking the barn door after the horse is stolen.

Either it should have taken the case, heard arguments, and made a reasoned decision or it should have left the temporary stay in place until the district court did its job.  That court could have been given a limited time to produce an appealable decision. Instead, the Supreme Court continued rubberstamping presidential actions without any sign of serious consideration.

The shadow docket – decisions without reasons – are a cause for public losing confidence in the Court.

Biden, if he had determined that he was retiring after one term, might have tried to restore some balance to the Court by “packing” it?  Instead, he was sure he would win, so did nothing to undermine what he thought was his popularity.