Immigration & Customs Enforcement (ICE) in the U.S.
While the spraying of detainees with HDQ Neutral currently happening at the Adelanto ICE Processing Center may seem like an isolated crime against humanity, it is in actuality only one of many manifestations of the continued abuse against immigration in this country. The prior sections regarding the history of immigration and treatment of immigrants within the U.S. outline this nation’s horrific past; this section will instead focus on how the system has transformed but not improved in the slightest.
The current governmental agency that is responsible for immigration into the country is Immigration & Customs Enforcement, commonly referred to as ICE. Though the agency seems like a longstanding well oiled machine of mass dehumanization, it is actually a relatively new addition to the federal government.
ICE was created in response to the terrorist attacks that took place on September 11, 2001. Among a series of changes made to the U.S. government following the acts of terrorism, the national approach to immigration was restructured (Waxman, 2018). Prior to 2001, the Immigration and Naturalization Services (INS) oversaw the enforcement of immigration laws, but after the restructuring, the responsibilities were divided amongst several new departments (Waxman, 2018).
The Homeland Security Act of 2002 disbanded the INS in March 2003 and created three new federal agencies from its remains to serve under the newly-founded Department of Homeland Security:
1. Customs and Border Protection (CBP),
2. Immigration and Customs Enforcement (ICE), and
3. U.S. Citizenship and Immigration Services (USCIS) (U.S. Citizenship & Immigration Services, 2012).
CBP was created to prevent the entrance of drugs, weapons, terrorists and “other inadmissible persons” from entering the country (U.S. Citizenship & Immigration Services, 2012). USCIS oversees ‘lawful’ immigration and the naturalization of new American citizens. Meanwhile, ICE enforces criminal and civil laws at the border and is responsible for the detention of individuals guilty of ‘immigration violations’ (U.S. Citizenship & Immigration Services, 2012).
Immigration governance, through the INS, used to fall under the Department of Commerce and then the Department of Labor (Waxman, 2020). However, now it’s under the jurisdiction of the Department of Homeland Security, which indicates a clear shift in the perception of immigrants and asylum-seekers. Post-9/11, immigration became an issue of national security, thus denoting a powerful and pervasive understanding of immigrants as a threat to the nation and its citizens’ safety. Although there is a long legacy of this narrative regarding immigration in the U.S., the restructuring of the government to reflect this ideology acts as an affirmation.
After the establishment of the Department of Homeland Security, there was a massive increase in the deportation of unauthorized immigrants with no criminal record - they were deported simply because they were unauthorized (Waxman, 2020). This was a significant change from the prior immigration agencies which did not have the power nor resources to execute such mass deportations.
In addition to these mass deportations, immigration detention facilities, such as the one in Adelanto, became sites of increasing crimes against humanity. Given the new division of power and responsibilities among the new federal agencies, there was a decrease in oversight and accountability. Each agency began operating as they saw fit, which led to horrible abuses of immigrants and asylum seekers at the hands of ICE agents.
ICE has been referred to as America’s ‘Gestapo;’ they operate as a rogue agency with minimal accountability and even less criticism by powerful politicians (Lind, 2018). While ICE reform has been claimed as part of the Democratic party’s platform, little change has actually been implemented. In fact, the United States reached its highest number of deportations under former President Obama, and the trend has been continued by proceeding administrations, including that of President Biden (Lind, 2018).
Activists have fought against the tyranny of ICE for years. In recent years, the “Abolish ICE” movement has gained political momentum and expanded its reach largely thanks to the determined and courageous efforts of members in the Latinx community. In addition to the cries of the activists, the American Civil Liberties Union (ACLU) has also been actively speaking out against ICE and seeking legal action. The ACLU argues that there needs to be a significant increase in accountability, as well as the establishment of a robust and independent external oversight of these government agencies (American Civil Liberties Union, 2021). They also state that ICE and the CBP must be in full compliance with national and international legal standards, which they are currently not (American Civil Liberties Union, 2021).
The history of immigration in the United States is haunting, yet our present is no better. Politicians and members of the public turn a blind eye to these injustices against immigrants and asylum-seekers every day, which has created endless opportunity for the continuation of abuses, such as those being observed at the Adelanto facility. ICE as an agency rests upon a foundation of racialized fallacies, xenophobia, and devaluation of human life. Therefore, in order to stop the spraying of detainees with HDQ neutral, we must advocate for the abolition of ICE, for this is only one of the horrors immigrants face at the hands of this despicable agency.
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