Is ICE Deputizing Civilians?

No. They don’t need to. What they are doing is terrifying enough

Sloppily dressed Immigration and Customs Enforcement (ICE) agent making an arrest in 2020 | Courtesy of the Department of Homeland Security

Let’s face it. What the Trump administration is currently doing to live up to the lies it told about Latino immigrants on the campaign trail is inhumane and largely illegal, as we have seen in case after case in court. After the administration spent years claiming that millions of criminal migrants were in the country, it couldn’t find many and decided to find ways to criminalize them.

It started with detaining and deporting people for their speech or dubious claims of gang affiliation based on seemingly random and culturally relevant tattoos. Today, the administration is dropping pending immigration cases so migrants can be detained and placed in expedited removal proceedings. Removing that layer of protection that comes with a pending case leaves noncitizens who were doing it the “right way” at risk of deportation for no reason.

This weaponization of an already notoriously inhumane agency like Immigration and Customs Enforcement (ICE) didn’t come as much of a surprise considering how much the Trump camp villainized, and continues to villainize, Latino immigrants. ICE agents are conducting raids wearing masks, with little to no identifiers, such as badges. In many cases, ICE takes people as they walk out of court and ignores bystander requests to see arrest warrants or proof that they’re even federal agents. This has led to much speculation.

But it’s not just ICE. Under the Trump administration, agents from the Drug Enforcement Agency (DEA), Alcohol, Tobacco, Firearms, and Explosives (ATF), U.S. Marshals, and the Bureau of Prisons (BOP) have been a tremendous force multiplier. Meanwhile, ICE has the 287 (g) program, allowing it to partner with local and state police, creating a virtual army of deportation agents.

Since Trump took office, participation in 287 (g) has exploded, as Austin Kocher recently reported. Kocher highlighted that it’s not just cops. Agencies such as the Texas Attorney General, the Florida National Guard, and the Florida State Guard have joined the program. This, with the addition of ICE expanding its surveillance capabilities, signifies just how massive this expansion of federal power continues to grow under the guise of immigration enforcement.

More than 600 agencies are now participating in the 287 (g) program.

Despite this growth in power, many people on social media have become convinced that the ICE agents seen in videos are deputized members of militias and hate groups like the Proud Boys. These ideas are largely based on agents not wearing uniforms, tactical gear that’s out of place, or suspect gun holsters that don’t meet the requirements of other agencies.

The problem here is that it’s speculative at best, and anyone who’s dealt with an ICE agent will tell you about how unkempt they often are. This does not mean that ICE agents aren't members of hate groups or militia, as if they’re somehow immune. History suggests that the possibility of some law enforcement officers being members of such groups is more likely than not. But that’s not what many social media users posit. They’re suggesting ICE is deputizing civilians.

I asked ICE and the Department of Homeland Security (DHS) if the agency had the authority to deputize civilians. An ICE spokesperson responded by citing the 287 (g) program, stating that the agency does not have that authority.

“The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 added Section 287(g) to the Immigration and Nationality Act, allowing U.S. Immigration and Customs Enforcement to delegate to state and local law enforcement officers the authority to perform specified immigration officer functions under the agency’s direction and oversight,” the spokesperson told me. “ICE does not deputize citizens outside of the 287(g) program.”

A lot of ICE agents are out of shape, wear jeans and t-shirts like any undercover cop would. Yet they still stand out in our communities, largely because we can easily tell who doesn’t belong there. Their demeanor gives them away, just like any other narc roaming our streets. They often wore masks in the past, but are doing so now because they were told to be “camera-ready” to help with the Trump administration’s hundred-million-dollar anti-immigrant propaganda efforts.

This is where the overblown use of tactical gear is coming from, and since DEA agents came bearing masks, largely because they can’t risk being identified, it is believed that other agents are also doing so after some of their identities were exposed online and to provide a more uniform look for the Trump administration’s ad campaigns. If the point is to invoke fear as a deterrent, when coupled with tough talk in the ads, the masks and gear serve that purpose.

So with all these resources and manpower available to them, is it even feasible for ICE to bring in and deputize Proud Boys or other members of hate groups, as has been suggested in online discourse over the last several weeks? Not exactly. The only deputizing authority ICE has is the 287 (g) program. Additionally, hiring an ICE agent is a relatively long process, which is why Trump is reallocating agents from different departments to boost ICE’s numbers.

But don’t just take my word for it.

Former Senior Border Patrol Agent, Jenn Budd

“If deputization occurs, it will likely be through county sheriffs and not DHS or ICE. Additionally, the feds do not need militias or vigilantes,” said former Senior Border Patrol Agent and Author, Jenn Budd. “They have built a giant army of cops trained through DHS and their affiliates since 9/11.

“Under the guise of preventing another 9/11, they created fusion centers where local and state cops are trained to police as we do in immigration enforcement: no warrants, kidnappings, no attorneys, fast removals,” Budd continued.

“So, your local police are immigration police. Your state troopers are now immigration police. And these state and local cops are heavily funded and dependent on money from DHS, ICE, CBP, and Border Patrol through various programs.

“They can no longer survive without that money. It is all about using hate and propaganda about migrants to make money.”

Other Things To Note

Additionally, since 2014, ICE and Homeland Security Investigations (HSI) have held Citizens Academy trainings that teach civilians how to operate multiple firearms, use lethal force, perform surveillance on immigrants, and conduct immigration raids. However, those trainings serve many purposes, mainly acting as a public relations conduit to improve ICE’s image.

From bankers and journalists who provided favorable coverage to local cops and community leaders, DHS is adamant about rehabbing every agency’s image under its purview. For the speculatively informed reader, this means that even the civilians at these academy trainings aren’t fully qualified to work with ICE. If they were, the agency certainly wouldn’t need to look far for potential hires.

The situation is bad enough for immigrants and their families without this. Stoking unnecessary fear about ICE supposedly deputizing militia members, Proud Boys, and other members of hate groups doesn’t serve anyone. The truth is bad enough. We must focus on that so people like me don’t have to waste time on this craziness. Otherwise, you’re setting everyone up to be labeled as “paranoid” later, thus whitewashing the debate about the inhumanity of it all.

That sounds like something the feds would do.

The use of masks and federal agents’ secrecy as public servants has created much-needed debate about the legality of law enforcement officers hiding their identities, not wearing badges or identifying themselves, or even producing an arrest warrant before detaining someone and taking them away to initially undisclosed locations. If DHS doesn’t want its agents being referred to as the Gestapo, it should probably instruct them to stop acting like them.

Meanwhile, a major issue not being discussed is that the constitutional line separating federal law enforcement from local and state law enforcement is nearly nonexistent, more than two decades after it was blurred with the Patriot Act, which enabled federal agents to work directly with state and local cops while sharing details about citizens with each other. The use of gang databases, which has recently come into the spotlight, is one of many cooperating agreements.

With so many things to keep an eye on, speculation only hampers the work of documenting and reporting that needs to be done. There are very real threats out there we should stay focused on, and sure, militia assisting ICE is in the realm of possibility, much in the same way Customs and Border Protection (CBP) Border Patrol agents, local sheriffs, and mayors work with armed far-right racist militias along the border. There’s just no evidence to support that it’s happening.

If there were, I'd likely be among the first to tell you.

*NOTE: Edited to add amended statement from ICE Spokesperson clarifying that ICE does not deputize civilians outside of the 287 (g) program.

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Arturo is an independent journalist whose work can be found at Unicorn Riot, The Antagonist Magazine, Latino Rebels, and more. Arturo is also on TikTok, Twitter, Facebook, Instagram, Mastodon, and Threads. To support his work, become a paid subscriber or donate via Venmo, PayPal, or Cash App.