Saturday, January 10, 2026

The Real Purpose of ICE

 



The Real Purpose of ICE

It's not just for detaining immigrants


Readers might remember that in September 2024, just before the election, Peter Pomerantsev and I launched Autocracy in America, a narrated podcast series that examined the autocratic ideas and practices already present in American life. The Russian chess champion and political Garry Kasparov took over the podcast for season two. Now I’m hosting another five episodes. The central argument: That the Trump administration is making radical, unprecedented changes to American institutions, and by doing so, is seeking to transform the American political system as well.

All of the episodes include testimony from ordinary Americans whose lives have been changed by politics over the past year, as well as conversations with legal experts, historians and others. They explain how these institutional changes could eventually affect not just immigrants, not just civil servants and not just scientists but all of us, by eroding the rule of law, and by altering the political playing field and making it harder for anyone else to win elections.

Although we recorded these interviews before Christmas, the first espisode turned out to be eerily relevant. The subject is the transformation of ICE into a type of national police force. Although this has been covered as an immigration story, America’s immigration and customs agents aren’t only being used for that purpose. Even before the horrific murder in Minneapolis this week, the Trump administration had already begun to use ICE and the National Guard to project power, to demonstrate that it can operate without restraint and in defiance of the law. Armed, unidentified masked men now patrol the streets of some American cities. They are seemingly allowed to harass, arrest or even kill other Americans, as well as immigrants, with impunity. They are allowed to break the law. This kind of paramilitary force could have other uses in the future. For example, it could be used to intimidate people and prevent them from voting.

To explore this subject, I spoke to George Retes, a U.S. citizen who was detained by ICE and kept in prison without explanation for three days, as well as two experts from the excellent Brennan Center for Justice at NYU. I asked them about the legality of the deployment of these agents and soldiers, and the precedents. It seems any American can now be detained or harassed, or even killed. Has anything like this ever happened before? The American National Guard are being used as puppets in a presidential game—is that legal too?

Margy O’Herron of the Brennan Center reminded me that the the great majority of immigrants in the system are only being charged with a civil offense, if anything. But ICE are operating much as if these folks are criminals.

They’re arresting them. They’re detaining them. And the Fourth Amendment and the Fifth Amendment do still apply to immigrants. They apply to immigrants in the same way that they apply to citizens. There’s no distinction in the law. So without those things, ICE is arresting people and taking people out of the country without any kind of process, without alerting them that they’re going, without allowing them to talk to a lawyer—that is not lawful; it’s unconstitutional. Those rights exist, and they should be protected.

She also pointed out that the impression of impunity is coming from the administration itself:

Well, I think there is a sense from the top that the agents who are taking these actions are not gonna have any consequences for those actions. For example, there was a video that circulated quite broadly of a woman who was pushed by an ICE agent outside the New York immigration office. She was shoved across a hallway, and she fell. She ended up being hospitalized. Initially, ICE came out with a statement that said that type of action was unacceptable, but a few days later, it was reported that that ICE agent was back on the job.

The administration also has cut many of the oversight offices that are supposed to be places that compile and check that kind of abuse. These are really important offices that field thousands of complaints every year on exactly this kind of behavior. And instead, now we have to rely on the courts exclusively to take these actions.

I asked Liza Goitein, also of the Brennan Center, if the purpose of troop deployment in cities is just to make people afraid to participate in public life? She said perhaps it was:

I mean, it’s certainly the predictable effect of deploying the military on the streets on a sort of routinized basis—to change people’s behavior so that they are afraid to exercise their rights, so that they do behave differently.

So my concern is that we’re moving towards a status quo in which the cities of this country really feel like police states. And to me, a police state is a place where the presence of—whether it’s the federal military or law enforcement—is so heavy and the chill on people’s exercise of their rights is so acute that people are really kind of living in fear, and they’re changing the way they behave.

Listen to the full episode on the Atlantic website, or read the transcript here

To hear all five episodes right away, subscribe now to The Atlantic

You can also listen elsewhere:

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Using Lies to Justify Violence

I discussed these same issues with Tim Miller of the Bulwark (as well as Venezuela, Greenland and Iran). More importantly, Tim also talked to Jacob Frey, the Mayor of Minneapolis, whose clarity has been so important in the past few days. Listen here:

The Bulwark
Anne Applebaum and Jacob Frey: Using Lies to Justify Violence
Minneapolis Mayor Jacob Frey says ICE descended on his city with hopes of rounding up undocumented Somalis. When agents couldn't find any, they started driving around terrorizing people. And now with the killing of Renee Good, they are clearly making the city less safe. But federal officials are also lying about Good's actions before the shooting and her character—and with their bold claims of absolute immunity for ICE agents. More broadly, the administration is trying to intimidate ordinary citizens from documenting the masked agents deployed around the country. Plus, Trump is acting like a conqueror from the Middle Ages when he claims a right to Venezuela's oil, Putin is trying to mask the weakness of Russia's economy, Europeans are back to being anxious over Greenland, and Iranians are taking to the streets again…
Listen now

Kleptocracy Tracker

Continuing to monitor conflicts of interest, ostentatious emoluments, outright corruption and policy changes that will facilitate outright corruption. (Read my original article, Kleptocracy Inc and check out the SNF Agora Institute chart)

December 22

December 31

January 1

January 2

January 5 [after Venezuela]

January 6

January 7

January 8

  • A Ukrainian government commission awarded a contract to mine one of the country’s state-owned lithium deposits to a consortium of Trump friends and allies.

  • Since Trump returned to office, many specialty auditors responsible for examining private equity and venture capital firms have left the IRS, leaving the agency without staff possessing the expertise needed to complete these complex audits.

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