The Deportation Gestapo: ICE, Private Prisons, and the Criminalization of Existence

Introduction: No More Euphemisms

The United States has, over the past few decades, embraced a dangerous transformation in its approach to immigration enforcement. Agencies like Immigration and Customs Enforcement (ICE) and its supporting organizations, such as Customs and Border Protection (CBP), were not simply created as a reaction to terrorism or national security concerns post-9/11, they have evolved into tools for racialized authoritarian control. As these agencies have been granted unchecked power, their actions increasingly resemble those of authoritarian regimes rather than a nation claiming to uphold democratic freedoms. The continued existence and operations of ICE reveal a disturbing truth: we are in a fascist framework of governance.

1. ICE Operates Outside the Constitution

At the heart of ICE’s operations is its systematic use of administrative warrants, which are not signed by judges, bypassing judicial oversight. These warrants allow ICE agents to invade homes, detain people, and tear families apart, all in the name of immigration enforcement. Unlike criminal warrants that require probable cause and judicial approval, administrative warrants essentially act as a free pass for ICE to violate constitutional rights. The case of Peter Sean Brown, a U.S. citizen who was almost deported to Jamaica by ICE, exemplifies how these illegal and unchecked tactics play out. This wasn’t a single mistake, it is systemic and indicative of a broader disregard for civil liberties.

In fact, ICE's overreach has blurred the lines of jurisdictional powers, turning what should be clear delineations of law enforcement into a free-for-all. It’s not just the federal government infringing on rights, but local law enforcement, increasingly co-opted into ICE’s agenda through programs like 287(g), that serve as extensions of federal power. These programs allow ICE to train local police officers in immigration enforcement, effectively turning them into agents of ICE. In places like Alamance County, NC, Latino communities have been specifically targeted through racial profiling and pretextual traffic stops. The line between local policing and federal immigration enforcement is now virtually nonexistent.

2. ICE's Creation and Its Role as a Tool of Control

ICE has only existed in its current form for a little over 20 years, created specifically as a Department of Homeland Security (DHS) entity to treat every migrant as a potential "terrorist", a direct result of the Islamophobic response to the 9/11 attacks. This creation was part of a broader national security overhaul in which fear and racial prejudice led to a militarized approach to immigration enforcement. Initially, ICE’s mandate focused heavily on national security, a mission that has since evolved into one of aggressive control over migrant populations.

Since its inception, ICE has abused its power, targeting and detaining both documented and undocumented individuals, often without just cause. They have created a surveillance state designed to intimidate, segregate, and deport millions of people. The rise of ICE's operations also coincides with a significant shift in the U.S. prison system, where private prison corporations like GeoGroup and CoreCivic have turned immigration detention into a multi-billion-dollar business, profiting directly from the incarceration of migrants.

Between 2015 and 2020 alone, ICE falsely deported at least 70 U.S. citizens, a stunning example of their abuse of power. And troublingly, they are doing it again. The targeting of U.S. citizens in the name of immigration enforcement is a direct consequence of ICE’s unchecked power and its systematic disregard for due process and civil rights. They treat all migrants, regardless of their citizenship status, as potential threats, funneling billions of dollars into the pockets of for-profit prison companies. It’s not illegal to seek asylum, but ICE's actions make it increasingly dangerous and difficult for people to exercise their rights.

3. Private Prisons and the Profit Motive Behind ICE’s Expansion

The growing use of private prisons has been one of the most profitable and exploitative aspects of ICE’s operations. Private prison companies like CoreCivic and GEO Group have turned immigrant detention into a multi-billion-dollar business, profiting from the incarceration of thousands of people. In 2022 alone, these companies collectively received nearly $1 billion in ICE contracts. This is no coincidence. The explosion of for-profit immigration detention centers directly correlates with the expansion of ICE’s detention capabilities, and it's important to note that these facilities are often fraught with abuse, neglect, and violence.

• Almost 90% of ICE detainees are housed in privately operated facilities.

• CoreCivic and GEO Group routinely cut corners to maximize profits, leading to poor conditions such as substandard food, inadequate medical care, and insufficient staffing.

• Whistleblower reports from facilities like Irwin County Detention Center have revealed forced sterilizations, including hysterectomies, conducted on immigrant women without proper consent, underlining the egregious medical negligence that occurs under private detention.

The business of detaining immigrants is incentivized by contracts that guarantee payment for bed space, regardless of whether or not the beds are occupied. This means taxpayers are footing the bill for empty beds, while private companies continue to rack up profits. But the harm goes deeper: forced labor within these detention centers is often exploited, with detainees working for mere pennies per hour in jobs like kitchen work or facility cleaning.

4. ICE Isn’t Just About Immigration, It’s About Control and Profit.

The tactics used by ICE are disturbingly similar to those of authoritarian regimes. Whether through the use of unmarked vehicles, nighttime raids, or surveillance of immigrant communities, ICE’s operations are designed not only to enforce immigration laws but to create an atmosphere of fear and control. These tactics are a direct challenge to civil liberties, and their purpose is clear: to assert dominance over immigrant communities and suppress dissent.

During the 2020 Black Lives Matter protests, ICE’s counter-protest tactics mirrored those of a militarized, oppressive state. In Portland, Oregon, federal agents, including ICE officers, engaged in kidnapping protesters off the streets and detaining them in unmarked vans, often without any legal justification. This escalation of federal force was a chilling reminder that ICE is not just concerned with immigration enforcement; it is a tool of political suppression, aimed at silencing any opposition.

5. The “Illegal” Immigrant and Dehumanization

Language plays a powerful role in shaping how we view people, and few terms have been as dehumanizing as “illegal immigrant.” This term has been weaponized by both political parties to justify stripping people of their basic rights and humanity. When people are labeled “illegal,” they cease to be viewed as human beings with inherent rights. Instead, they are reduced to criminals, others, and non-citizens, a dangerous and dehumanizing practice that sets the stage for state-sanctioned violence.

No human being is illegal. But when individuals are labeled as such, it becomes easier to justify their abuse, their separation from their families, and their confinement in cages. By creating an us vs. them narrative, ICE has helped normalize a system of violent separation, where those who challenge the state or cross borders in search of a better life are treated as less-than-human.

6. Fascism Isn’t Coming, It’s Here

ICE’s tactics reflect many of the core principles of fascism as defined by Umberto Eco, an obsession with national security, a fear of outsiders, disdain for intellectuals, and weaponized masculinity. ICE’s aggressive enforcement actions against immigrants and activists fit perfectly into the authoritarian playbook: create fear, subjugate opposition, and consolidate power.

The detention camps are real. The disappearances are real. The abuses within these camps are real. And the indifference from the general public is not merely ignorance, it is complicity. The very nature of ICE’s existence and its operations reflect a broader trend in American society, a society that is growing increasingly comfortable with authoritarianism.

Conclusion: Choose a Side

This isn’t just about policy, it’s about morality. ICE’s practices are not an oversight. They are intentional. The agency’s existence is a calculated move in a broader strategy of control and oppression, designed to terrorize marginalized communities. The question we must ask is not whether this is fascism, but why we tolerate it. Why is this machinery of oppression allowed to grow in the shadows, consuming more and more lives?

The time for neutrality is over. The question is: Will we act, or will we wait until it turns on us all?

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