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Aujourd’hui — 4 février 2026techdirt.com

ICE Is A Paramilitary Force, And Those Don’t End Well

3 février 2026 à 23:45

This article is republished from The Conversation under a Creative Commons license. Read the original article.

As the operations of Immigration and Customs Enforcement have intensified over the past year, politicians and journalists alike have begun referring to ICE as a “paramilitary force.”

Rep. John Mannion, a New York Democrat, called ICE “a personal paramilitary unit of the president.” Journalist Radley Balko, who wrote a book about how American police forces have been militarizedhas argued that President Donald Trump was using the force “the way an authoritarian uses a paramilitary force, to carry out his own personal grudges, to inflict pain and violence, and discomfort on people that he sees as his political enemies.” And New York Times columnist Jamelle Bouie characterized ICE as a “virtual secret police” and “paramilitary enforcer of despotic rule.”

All this raises a couple of questions: What are paramilitaries? And is ICE one?

Defining paramilitaries

As a government professor who studies policing and state security forces, I believe it’s clear that ICE meets many but not all of the most salient definitions. It’s worth exploring what those are and how the administration’s use of ICE compares with the ways paramilitaries have been deployed in other countries.

The term paramilitary is commonly used in two ways. The first refers to highly militarized police forces, which are an official part of a nation’s security forces. They typically have access to military-grade weaponry and equipment, are highly centralized with a hierarchical command structure, and deploy in large formed units to carry out domestic policing.

These “paramilitary police,” such as the French Gendarmerie, India’s Central Reserve Police Force or Russia’s Internal Troops, are modeled on regular military forces.

The second definition denotes less formal and often more partisan armed groups that operate outside of the state’s regular security sector. Sometimes these groups, as with the United Self-Defense Forces of Colombia, emerge out of community self-defense efforts; in other cases, they are established by the government or receive government support, even though they lack official status. Political scientists also call these groups “pro-government militias” in order to convey both their political orientation in support of the government and less formal status as an irregular force.

They typically receive less training than regular state forces, if any. How well equipped they are can vary a great deal. Leaders may turn to these informal or unofficial paramilitaries because they are less expensive than regular forces, or because they can help them evade accountability for violent repression.

Many informal paramilitaries are engaged in regime maintenance, meaning they preserve the power of current rulers through repression of political opponents and the broader public. They may share partisan affiliations or ethnic ties with prominent political leaders or the incumbent political party and work in tandem to carry out political goals.

In Haiti, President François “Papa Doc” Duvalier’s Tonton Macouts provided a prime example of this second type of paramilitary. After Duvalier survived a coup attempt in 1970, he established the Tonton Macouts as a paramilitary counterweight to the regular military. Initially a ragtag, undisciplined but highly loyal force, it became the central instrument through which the Duvalier regime carried out political repression, surveilling, harassing, detaining, torturing and killing ordinary Haitians.

Is ICE a paramilitary?

The recent references to ICE in the U.S. as a “paramilitary force” are using the term in both senses, viewing the agency as both a militarized police force and tool for repression.

There is no question that ICE fits the definition of a paramilitary police force. It is a police force under the control of the federal government, through the Department of Homeland Security, and it is heavily militarized, having adopted the weaponry, organization, operational patterns and cultural markers of the regular military. Some other federal forces, such as Customs and Border Patrol, or CBP, also fit this definition.

The data I have collected on state security forces show that approximately 30% of countries have paramilitary police forces at the federal or national level, while more than 80% have smaller militarized units akin to SWAT teams within otherwise civilian police.

The United States is nearly alone among established democracies in creating a new paramilitary police force in recent decades. Indeed, the creation of ICE in the U.S. following the terrorist attacks of Sept. 11, 2001, is one of just four instances I’ve found since 1960 where a democratic country created a new paramilitary police force, the others being Honduras, Brazil and Nigeria.

ICE and CBP also have some, though not all, of the characteristics of a paramilitary in the second sense of the term, referring to forces as repressive political agents. These forces are not informal; they are official agents of the state. However, their officers are less professional, receive less oversight and are operating in more overtly political ways than is typical of both regular military forces and local police in the United States.

The lack of professionalism predates the current administration. In 2014, for instance, CBP’s head of internal affairs described the lowering of standards for post-9/11 expansion as leading to the recruitment of thousands of officers “potentially unfit to carry a badge and gun.”

This problem has only been exacerbated by the rapid expansion undertaken by the Trump administration. ICE has added approximately 12,000 new recruits – more than doubling its size in less than a year – while substantially cutting the length of the training they receive.

ICE and CBP are not subject to the same constitutional restrictions that apply to other law enforcement agencies, such as the Fourth Amendment’s prohibition on unreasonable search and seizure; both have gained exemptions from oversight intended to hold officers accountable for excessive force. CBP regulations, for instance, allow it to search and seize people’s property without a warrant or the “probable cause” requirement imposed on other forces within 100 miles, or about 161 kilometers, of the border.

In terms of partisan affiliations, Trump has cultivated immigration security forces as political allies, an effort that appears to have been successful. In 2016, the union that represents ICE officers endorsed Trump’s campaign with support from more than 95% of its voting members. Today, ICE recruitment efforts increasingly rely on far-right messaging to appeal to political supporters.

Both ICE and CBP have been deployed against political opponents in nonimmigration contexts, including Black Lives Matter protests in Washington, D.C., and Portland, Oregon, in 2020. They have also gathered data, according to political scientist Elizabeth F. Cohen, to “surveil citizens’ political beliefs and activities – including protest actions they have taken on issues as far afield as gun control – in addition to immigrants’ rights.”

In these ways, ICE and CBP do bear some resemblance to the informal paramilitaries used in many countries to carry out political repression along partisan and ethnic lines, even though they are official agents of the state.

Why this matters

An extensive body of research shows that more militarized forms of policing are associated with higher rates of police violence and rights violations, without reducing crime or improving officer safety.

Studies have also found that more militarized police forces are harder to reform than less-militarized law enforcement agencies. The use of such forces can also create tensions with both the regular military and civilian police, as currently appears to be happening with ICE in Minneapolis.

The ways in which federal immigration forces in the United States resemble informal paramilitaries in other countries – operating with less effective oversight, less competent recruits and increasingly entrenched partisan identity – make all these issues more intractable. Which is why, I believe, many commentators have surfaced the term paramilitary and are using it as a warning.

Erica De Bruin, Associate Professor of Government at Hamilton College

Kash Patel Creating Tension With Mexico Because He Can’t Shut The Fuck Up On Social Media

4 février 2026 à 04:00

Kash Patel, FBI Director, is not very good at his job. There are plenty of examples to demonstrate that notion, from him apparently completely misunderstanding the purpose and protections of the 2nd Amendment and Minnesota gun laws (whatever your thoughts on gun rights might generally be), to his gathering of barely trained castoffs to serve in the FBI, to the absolute wild waste of resources he spent last summer trying to root out independent thought within his agency. None of this is justice. None of it is good policing. All of it is the result of putting a podcast host shitposter in charge of America’s federal police force. Ol’ Crazy-Eyes just might not be the right person for the role.

And if you’re going to be the leader of a federal police force, one of the skills you probably want to have is the capability of shutting the fuck up. Kash can’t do this. Rather than simply not answering, it appears Patel may have lied to Congress about the Epstein files (remember those?). In the immediate aftermath of the Charlie Kirk assassination, Patel blabbed about suspects all over social media and elsewhere, leading to wasted time and attention on completely innocent parties.

And, now, in the wake of an operation by the FBI that would appear to violate Mexican law, Patel decided to gush about the whole thing on the internet. What other option did he have, I wonder?

Ryan Wedding is a former Olympian who, by all accounts, turned himself into a violent cocaine drug kingpin working with a Mexican cartel. He was charged in Canada in 2015 for cocaine trafficking and in America in 2025 for that and for murder. Recently, Wedding found himself in American custody to face those charges. How that happened wasn’t initially disclosed in coverage of the arrest. But then Kash Patel got out his phone and decided to gush about the whole thing on internet.

On Friday, however, FBI Director Kash Patel announced the joint operation publicly on X. “Our FBI HRT teams executed with precision, discipline, and total professionalism alongside our Mexican partners to bring Ryan James Wedding back to face justice,” he wrote, sending shock waves through Mexico.

Except there’s a problem with that statement. A pretty big one, actually. Mexican law is very clear that foreign LEOs are not to operate on Mexican soil. That would make the FBI’s participation as outlined by Patel illegal. And that might create problems for his eventual prosecution and a really big headache for the Mexican government.

Mexican President Claudia Sheinbaum scrambled to perform damage control, as foreign intervention in Mexico is politically toxic. She said that there was no U.S. involvement in the operation and that U.S. agents in Mexico are limited by law.

“I’m not going to get into a debate with the FBI director, nor do I want there to be a conflict,” Sheinbaum said at a press conference Tuesday. “What they, the U.S. authorities, told the Mexican authorities is that it was a voluntary surrender.” She pointed to a picture Wedding posted to his Instagram account at the U.S. Embassy in Mexico announcing that he was turning himself in.

Wedding’s lawyer disputes that account, because of course he did. Whether Wedding actually surrendered or not is unknown to me, of course, but I’ve been well-trained the past 13 months not to believe a single thing my government says, so who the fuck knows. Wedding’s lawyer claims he was handcuffed and transported to California and that this runs contrary to any claim any of this was voluntary. And because of all of this, the Mexican government now has both an internal problem and has to deal with an unreliable shitposting partner in the American government.

Patel’s rash decision to post about Wedding’s arrest online doesn’t help the situation right now. It opens Sheinbaum up to political attacks in Mexico and makes the U.S.-Mexico relationship even shakier. Under Trump, though, American law enforcement is playing fast and loose with not just the law but diplomatic relations.

I’m not exactly advocating that the American government carryout these illegal extraditions violating our allies’ own laws and then hiding it through silence. That would be crazy.

Instead, the point is that this administration’s goons, such as Kash Patel, are so shitty that they can’t even carry out such nefarious actions in silence because they can’t shut the fuck up about them.

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