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1. ICE is not law enforcement.
ICE stands for Immigration & Customs Enforcement.
ICE was established in 2003 as part of the Homeland Security Act of 2002. This act also established the Department of Homeland Security.
Section 441 of the Homeland Security Act transfers immigration enforcement functions to the Under Secretary for Border and Transportation Security. This included Border Patrol, INS, detention and removal amongst others.
Section 442 of the Homeland Security Act establishes a Bureau of Border Security, headed by an assistant secretary to the Under Secretary.
These, amongst other provisions, allowed the Department of Homeland Security to form the Bureau of Immigration and Customs Enforcement (ICE).
Congress expanded ICE’s authorities the Intelligence Reform and Terrorism Prevention Act of 2004, the Trafficking Victims Protection Act Reauthorizations Acts of 2003 and 2005 and the Immigration and Nationality Act, amongst others.
Not only is ICE a law enforcement agency, its jurisdictional authority and enforcement role have been constantly expanding since its creation.
ICE has the authority to arrest and detain illegal aliens under US Code Title 8 Chapter 12 Subchapter II Part IV Section 1226 and US Code Title 8 Chapter 12 Subchapter II Part IX Section 1357. They also have broader enforcement authority as sworn agents under US Code Title 18, which includes an entire chapter that defines obstruction of justice. This allows for them to arrest people, including citizens, who are impeding ICE actions and committing obstruction of justice.
Not only is ICE an arm of federal law enforcement, they are specifically tasked to enforce immigration and customs laws.
2. Immigrants commit fewer crimes.
The study that claims that immigrants commit fewer crimes was conducted by Northwestern University titled Law-Abiding Immigrants: The Incarceration Gap Between Immigrants and the U.S.-Born, 1870-2020.
The study, as would seem obvious, takes the data of immigrants and U.S. born citizens who are incarcerated in the American prison system.
Problem #1: The study ends in 2020.
While illegal immigration has been an increasing problem, there has been a significant increase of the undocumented crossing into America, especially during Joe Biden’s administration. In 1969, illegal immigrants made up 0.3% of the population. In 2020, Customs and Border Patrol reported 646,822 enforcement actions. In 2021, they reported 1,956,519. In 2022, they recorded 2,766,582 actions. In 2023, they recorded 3,201,144 actions. In 2024, they recorded 2,901,142 actions.
We also have arrest statistics from CBP.
Every metric from the Department of Homeland Security shows significant demographic changes to the illegal immigrant population during the Biden administration. After 2020. Consider, as well, that the defund the police movement coincided with the migrant surge under Joe Biden, this all leads to a recipe for disaster.
Problem #2: The study doesn’t differentiate between illegal and legal immigrants.
Considering the restrictions and caveats to legal immigration, it would stand to reason that we aren’t allowing the criminal element to immigrate here. For example, one of the requirements to eligibility is to be a person of good moral character. There is an expectation in the vetting process for a legal immigrant that they are not the kind of person who would commit a crime.
Problem #3: Illegal immigrant crime calculations leave out crimes related to fraudulent social security numbers, fake driver’s licenses, fraudulent green cards and improperly accessing public benefits. The State Criminal Alien Assistance Program is a Bureau of Justice Assistance program that provides federal payments to states and localities that incurred correction officer salary costs for incarcerating undocumented criminal aliens. Yes, the federal government is subsidizing the incarceration of illegal aliens. SCAAP has far different numbers on illegal immigration. SCAAP’s data shows that illegals actually ARE committing more crimes. The Federation for American Immigration Reform found that illegals are twice as likely to be in prison in California and New York, four times as likely in New Jersey and almost five times more likely in Arizona.
Problem #4: A crime can only be counted if it’s reported. Illegal immigrants are less likely to report crimes and appear in court as witnesses because of the fear of deportation. As recent ICE arrests have found and history tells us, immigrants form ethnic enclaves, which means if crimes are being committed by illegal immigrants in illegal immigrant enclaves, we can assume that some of them, perhaps much larger than the general population, are not going reported.
Even factcheck.org admits there aren’t nationwide statistics on all crimes committed by illegal immigrants, only estimates extracted from smaller samples.
Then again, every person who has entered the country illegally has committed a crime, making the illegal immigrant crime rate 100%. Which leads us to:
3. Crossing the border is not a crime, and no human is illegal.
You’ve heard it before: "Entering the United States is not a crime; it’s just a misdemeanor."
Okay, so, misdemeanors ARE crimes. The word ‘misdemeanor’ is a designation that refers to the seriousness of the offense. You have misdemeanors, and you have felonies. Felonies typically carry bigger punishments but are also crimes.
The designation of improper (or illegal) entry into the US is designated in US Code Title 8 Chapter 12 Subchapter II Part VII Section 1325. The misdemeanor carries fines and prison time. Marriage fraud and entrepreneur fraud carry heftier penalties. But that’s just for the first offense.
If you have been removed and reenter, things get worse. And, depending on why you were ordered removed, the penalties can be even worse than that.
Who can be removed? Anyone who came here by illegal means, including people who have violated conditions of entry. Unlawful voters, traffickers, drug abusers…there are a lot of offenses that are deportable. Please peruse at your leisure.
As for no human being illegal… Humans can be criminals. Again. That’s how crime works. If you are committing a crime, you are subject to legal action. The word "alien" as a legal term for foreign nationals appeared in the Naturalization Act of 1790 and the Alien and Sedition Acts of 1798. The word "illegal" added on simply becomes the descriptor that it is an foreign national in the country illegally. "Illegal alien" can be found as far back as 1924, the same year the United States Border Patrol was established. The Supreme Court used the in a 1976 case United States v. Martinze-Fuerte. Bill Clinton used the term in his 1995 State of the Union address. As the term "alien" is still used in federal statutes and regulations, the term "illegal alien" is still appropriate when referring to people who have entered and/or are in the United States illegally.
Bottom line: The United States of America is a country with laws and a border. It is illegal to cross the border in any way that the United States does not define as lawful. If it is not lawful, it is a crime. Anyone who has come to the United States of America in a way that does not follow US law has committed a crime. That’s how crime works. I don’t know why I have to explain that.
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