Tuesday, February 18, 2020

Why abolish the ICE? Established to fight terrorism, it has become under Trump a terrorist organization itself



Acting ICE director Matt Albence declared that sanctuary cities “leave us no choice,” but to send in the combined forces of the ICE, Border Patrol and heavily armed “tactical units” to scour these cities for what they claim are mostly illegal immigrants who are “dangerous criminals,” but in reality to mostly round up anyone who “qualifies”—such as those 680 “criminals” working at Mississippi food processing plants. The fact is that there just isn’t that many illegal immigrants who have been convicted of actual crimes in “sanctuary cities” to justify this invasion force; this is just Trump and Steven Miller acting out on their racist fantasies. As we saw in the arrests by those ICE Gestapo agents in Mississippi, the vast majority of their arrests are not of violent criminals, gang members and drug traffickers, but otherwise law-abiding, hard-working people who try to avoid trouble at all costs for their own safety.

Trump and Miller’s activities have transformed the ICE into something that has strayed far from what was supposed to be its original purpose: locating and detaining foreign terrorists and transnational criminal groups. Today, Trump’s ICE is nothing more than a terrorist group that whose principle mission is to be a force of terror against people who are just trying to live. In July of 2018, three members of Congress—Rep. Mark Pocan, Pramila Jayapal and Adriano Espaillat—introduced a bill entitled Establishing a Humane Immigration Enforcement System Act, which like all immigration reform initiatives coming out of Congress went nowhere almost as fast as it came off the printer. But the problems that it set out to correct still exist, and if nothing else have only gotten far worse as Trump and Miller feel entirely free to conduct their “cleansing” of America of those nasty “little brown ones.” In a press release by Rep. Pocan, he stated that Act sought to abolish the ICE because “Congress created ICE in the aftermath of the September 11th attacks with the primary mission of preventing ‘acts of terrorism by targeting the people, money, and materials that support terrorist and criminal activities.’ However, since then, ICE has become synonymous with immigration raids, home invasions, family separation, abusive detention practices, and chronic noncompliance with the law.” Rep. Pocan went on to say that

President Trump’s blanket directive to round up and target all undocumented immigrants underscores the unchecked power which ICE has used to terrorize our communities. From conducting raids at garden centers and meatpacking plants, to targeting families outside churches and schools, the President is using ICE as a mass-deportation force to rip apart the moral fabric of our nation. Sadly, President Trump has so misused ICE that the agency can no longer accomplish its goals effectively. As a result, the best path forward is this legislation, which would end ICE and transfer its critical functions to other executive agencies.

According to Rep. Jayapal,

There was enforcement of our immigration laws before ICE was created and there will be after ICE, as an agency, is gone. As it stands, ICE is out of control – contracting much of its work out to private, for-profit contractors that cost the taxpayers far more than is necessary, failing to even identify and address deficiencies in their system and allowing deaths due to substandard in their custody, as numerous Inspector General reports have found. The agency is simply unable to do the work that is most necessary for national security, instead taking away necessary resources from functions that are critical to protect our national security, including investigating terrorism, drug smuggling, and trade fraud. We should eliminate the agency as it stands and start from scratch to restructure its functions. This legislation would establish a commission to look at transitioning essential ICE functions to a new agency that would have accountability, transparency and oversight built in from its inception. It’s time to change the system to one that is accountable, efficient, humane and transparent. There will still be enforcement of immigration laws, but it must be without cruelty and abuse.

Rep. Espaillant added

We are pushing to bring an end to ICE as the agency has strayed too far from its original mission, intent and purpose. In the era of President Trump, ICE has been granted an unlimited range to terrorize Latino communities around the country, regardless of citizenship or status. The agency has a very broad jurisdiction and was created to combat terrorism, human trafficking, and drugs. Yet, ICE now spends the majority of its time detaining and separating mothers and fathers seeking safety for themselves and their children - instead of focusing on hardened criminals, gangs and terrorists set out to hurt our country and negatively impact our quality of life. We are witnessing a human rights crisis, and our bill would bring forward a new model and dismantle ICE once and for all.

Immigration enforcement used to be conducted by the Immigration and Naturalization Service, or INS. After the shock of 9-11, the Department of Homeland Security was created, the INS "retired" with the CBP created to take over its enforcement functions, and the ICE created with the task to  “prevent acts of terrorism by targeting the people, money, and materials that support terrorist and criminal activities.” Given this “mission,” there was actually a very limited amount for ICE agents to do. In fact, in 2005, the DHS own Inspector General report called into question the size and purpose of the ICE:

We could not find any documentation that fully explains the rationale and purpose behind ICE’s composition. One senior official offered the following explanation…ICE was established with not a focus on supporting a particular mission, but on building an institutional foundation large enough to justify a new organization.

The IG report noted that the ICE’s budget expanded to well beyond what was needed, and in order to spend that money, the ICE’s self-described “mission” and infrastructure expanded well beyond its original scope. Today, the Homeland Security Investigations is now tasked with what the ICE was originally supposed to do, and the ICE is now (mostly) focused on immigration in the "interior,"  in what used to be the INS’ function. One of the original DHS officials, Moira Whelan, also expressed deep concern about how the ICE strayed from its original program in dealing with terrorism and transnational crime, but had morphed into something more disturbing, now about “moms with three year olds crossing the border,” and “farm workers or people seeking political asylum.” 

Under the Obama administration, the ICE was instructed to concentrate on migrants who constituted real “threats” to the security of the country, but many ICE agents chaffed at the “restrictions” on their power to be abusive. ICE and Border Patrol unions were among the few labor groups to back Trump, and when he unleashed the ICE from any restraints, its agents predictably went wild like ravenous wolves hunting prey wherever it could find it. As Heather Timmon’s wrote in Quartz, Trump allowed the ICE to conduct a “nationwide manhunt” for otherwise law-abiding, hard-working people and families, not the “violent criminals” that he constantly bellow out about. One attorney representing an immigrant detained by ICE observed that the ICE doesn’t have to act like Gestapo thugs: “They have the discretion to implement the laws in a humanitarian way, and they’re just acting like robots” and while they may pretend they are just doing their jobs, “but so did the Nazis, and they were held accountable.”

Franklin Foer wrote in the Atlantic Monthly that ICE has expanded into “a sprawling, logistically intricate infrastructure comprising detention facilities, an international-transit arm, and monitoring technology,” relying “heavily on private contractors” which outnumber actual federal employees. Half of all federal prosecutions are immigration-related, and with it the “infrastructure” required to imprison even families and children. David Cohen in the Huffington Post wrote that “In the era of alternative facts, words have become more ambiguous than usual. So when President Donald Trump says he’ll spend $1 trillion rebuilding America’s infrastructure, we should look at the details to see what he really means.  Damon Hininger, CEO of the country’s largest private prison company, sure thinks he knows what Trump means. To Hininger, when Trump says ‘infrastructure,’ he doesn’t just mean roads and bridges, he also means prisons and jails.”  

And keeping them full; at least one immigration judge has been convicted of a “cash for kids jail scheme,” dealing out unfairly long jail sentences to keep immigration prisons full; to help these private “enterprises,” the Trump administration has mandated mandatory minimum  sentences for immigration violators for the same reason. And these private prisons are not “safer” than government-run prisons; their lack of oversight has led to unconscionable degrees of abusive behavior toward immigrant detainees. While an unacceptable number of immigration detainees die in ICE’s own detention centers, in those that it contracts out to, the numbers are even higher. One of the causes of death that is becoming more and more frequent: “self-inflicted strangulation,” such as this past December in the case of Roylan Hernandez Diaz, who was seeking asylum from Cuba, and a British man, Ben Owen in January. 

The ICE, as the DHS’ own IG report noted, had no real point to exist when it was first created, and there was no justification for its size with regard to its alleged mission. The original INS was viewed as an annoyance but not a government agency meant to terrorize immigrant families; it was just “doing its job.” The ICE has gained a justified reputation for being out-of-control, as a recent shooting in the face of a New York man who is a legal resident. Trump and Miller have let loose this contagion on the country, and it is the ICE that must be “eradicated.”

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