Articles & Videos
âFeels Like a Cover-Upâ: Minnesota AG Keith Ellison Slams Trump Admin over Deadly ICE Crackdown
Top U.S. & World Headlines â January 27, 2026
Is This Why Trump Decided to Send Tom Homan to Minnesota?
The presidentâs favorite TV network still has some sway with the Oval Office.On Monday morning, Fox & Friends host Brian Kilmeade floated a novel idea on air: Solve the collapsing environment in Minnesota by introducing border czar Tom Homan into the situation. Kilmeade mentioned the idea at 6:15 a.m., again an hour later, and then a third time at 8:10 a.m.As CNNâs Brian Stelter put it, âMaybe Trump was watching, maybe he wasnât,â but just 20 minutes after Kilmeadeâs third suggestion, Donald Trump followed his advice and announced Homanâs imminent involvement in the North Star State. Shortly afterward, it appeared that Customs and Border Protection boss Greg Bovinoâwho had until Monday overseen Immigration and Customs Enforcement and CBP activity in Minnesotaâwas getting the shove.Homanâs inclusion appears to be a Hail Mary by the White House to salvage a highly advertised immigration crackdown that has turned sour for even the most conservative of Republicans.The GOP has balked at the national backlash to ICEâs violence in Minnesota, which so far has involved the senseless killing of two U.S. citizens: Veterans Affairs ICU nurse Alex Pretti and award-winning poet Renee Nicole Good.In the aftermath of their deaths, thousands of Americans have taken to the streets in protest. Trumpâs job score has nosedived, hitting a net approval of -19 percent. In an attempt to pivot ahead of midterms, Trump is headed to Iowa Tuesday to reframe his administrationâs priorities. Suddenly, the word of the day is affordability, with the president set to give a speech on energy and the economy while the White House decides what to do with Homeland Security Secretary Kristi Noem.The country, by all means, appears fed up with the reality of Trumpâs immigration agenda, which has thus far deported people from the United States without due process, ripped children from their parents, and ushered thousands of untrained ICE agents into cities and neighborhoods where they are not wanted. A CBS News poll published days before agents killed Pretti found that 61 percent of surveyed Americans felt that ICE agents were âtoo toughâ when stopping and detaining people.On air, Kilmeade implored Trump to display calm leadership, reading aloud an editorial in the New York Post (another Rupert Murdochâowned entity) positing that the American left will utilize the situation in Minneapolis to instigate a âcivil war.ââThe bottom line is, these images are not the ones that are going to help you keep the majorities,â Kilmeade said Monday.
It Sure Looks Like Minnesota Is the End of the Road for CBP Chief
Customs and Border Patrol Commander-at-Large Greg Bovino may be on his way out after delivering a full-throated defense for killing a U.S. citizen in broad daylight. Bovino has reportedly been removed from his position as commander-at-large. He will depart Minnesota for his previous post as a border official in El Centro, California, where he is expected to retire shortly afterward, The Atlantic reported Monday night.The Department of Homeland Security reportedly suspended Bovinoâs access to his social media accounts, after he spent most of Sunday responding to people calling out his outlandish claims about Alex Pretti. DHS spokesperson Tricia McLaughlin claimed Monday night that Bovino had âNOT been relieved of his duties,â in a post on X. But several people pointed out that she did not deny the bulk of the reporting regarding his departure from the organization. Bovino thoroughly made a mess of the Trump administrationâs P.R. response to the latest killing by a federal agent, baselessly claiming that Pretti, a 37-year-old ICU nurse, had intended to harm CBP officers. He also praised his agents, who shot Pretti at least 10 times as he was pinned to the ground, for killing him.Speaking to CNNâs Dana Bash Sunday, Bovino backed up Homeland Security Secretary Kristi Noemâs outrageous claim that Pretti had âbrandishedâ a weapon at a group of officers. Video of the incident showed that he had been filming officers with his cell phone and tried to help a fellow protester who had been pepper-sprayed. Donald Trump reportedly complained that Bovino and Noem had appeared too âcallousâ in their television appearances Sunday, which motivated the president to send âborder czarâ Tom Homan to Minnesota to do damage control. â[Bovino]âs a cowboy, and it was a mess. It was only escalation, and no one was going to back down,â a source familiar with the operations told Axios. âHoman going is a good thing. Someone needed to step in.â
The Problem Is Bigger Than ICE
You can watch this episode of Right Now With Perry Bacon above or by following this show on YouTube or Substack.The Immigration and Customs Enforcement agency was only formally created in 2003. But as author Jessica Pishko explains, the U.S. government has for decades had officials who enforce immigration law. In the latest edition of Right Now, Pishko, author of a 2024 book on sheriffs, discusses how ICE has evolved from its early days up to the present. She details how Trump is deploying ICE agents in an even more aggressive way than in his first term. She also says that many of the worst abuses in Minneapolis and other cities are being committed by Customs and Border Protection, whose officers are even more aggressive than ICE and have even less training in day-to-day policing. One of the main issues today, Pishko argues, is not that ICE or CBP exist but that Trump is using them as a permanent national police force. The most effective reform, according to Pishko, would be to end mass detentions and other draconian immigration enforcement policies, so that there would be no need for a massive immigration law enforcement apparatus. In the short term, we should try to roll back funding for ICE and CBP and quickly fire officers who are behaving improperly.
Judge Summons ICE Chief to Court, Warns His âPatience Is at an Endâ
A federal judge in Minnesota is ordering the head of ICE to appear in court Friday to defend why his agency is ignoring court orders and the due-process rights of countless detainees.Bush-appointed Chief Judge Patrick Schiltz on Monday called on acting Director Todd Lyons to testify and threatened him with contempt, stating that âthe Courtâs patience is at an end.âSchlitzâs order came in the case of a man challenging his detention in Minnesota earlier this month. He was supposed to either be released or get a bond hearing a week after his January 14 detainment. By January 23, he hadnât received either.âThe Court acknowledges that ordering the head of a federal agency to personally appear is an extraordinary step, but the extent of ICEâs violation of court orders is likewise extraordinary, and lesser measures have been tried and failed,â Schiltz wrote, noting that ICE had already ignored âdozensâ of court orders.Lyons and ICE have yet to respond.âThe practical consequence of respondentsâ failure to comply has almost always been significant hardship to aliens (many of whom have lawfully lived and worked in the United States for years and done absolutely nothing wrong),â Schlitz said of Lyons and ICE. âThe detention of an alien is extended, or an alien who should remain in Minnesota is flown to Texas, or an alien who has been flown to Texas is released there and told to figure out a way to get home.âThis story has been updated.
Transcript: The Problem Is Bigger Than ICE
This is a lightly edited transcript of the January 26 edition of Right Now With Perry Bacon. You can watch the video here or by following this show on YouTube or Substack.Perry Bacon: Iâm Perry Bacon. Iâm the host of The New Republicâs Right Now. Iâm joined by Jessica Pishko. Sheâs the author of a book called The Highest Law in the Land: How the Unchecked Power of Sheriffs Threatens Democracy.That came out a couple of years ago, and sheâs written a lot about law enforcement issues in the U.S., particularly how federal and local law enforcement work together.So I wanted to bring her on to talk about ICE and what weâre seeing in Minneapolis. Thereâs a lot of discussion about how ICE interacts with the National Guard, Customs and Border, and how thereâs a lot of tension right now between the local police in Minneapolis and ICE, based on the events of the last few weeks. I wanted to ask her about those kinds of things. Jessica, welcome.Jessica Pishko: Hey, thanks for having me.Bacon: Let me start with ... weâve heard a lot about how ICE is not that new of an agency. I think it was created in 2002. Talk about the history ofâweâve had immigration ... enforcement in the country before. Talk about the idea of where ICE came from, if you can.Pishko: Yes, of course. As most people have pointed out, the Department of Homeland Security was formed in 2003 in response to 9/11. Which is why it has âHomelandâ and âSecurityâ right in the name.And what they did wasâthe prior system had Border Patrol. So Border Patrol was always Border Patrol. We had a division called INS, and INS basically was more of an administrative office. They handled people checking in, processing peopleâs claims. Because immigrationâone of the things that is maybe not obvious to people is that people think: Oh, immigration is you wait in line and then you get a piece of paper and then youâve got a green card, and then you go and get citizenship.But instead, immigration is actually a big patchwork. Because you have people who seek asylum, you have people with protected status. You have a variety of people.And so when they created ICE out of DHS, what they did was bring together two kind of different law enforcement agencies. So the two parts of ICE, one is called HSIâHomeland Security Investigations, which used to work under the Department of Justice. And they are like detectives, is what they would say.So if you talk to an HSI agent, they would say theyâre more like the FBI. And actually, periodically, through the years, they argue that they should be part of the FBI, not part of ICE. Their mission is really aboutâthey do quite a lot of work [in] trafficking: drug trafficking, human trafficking.Also, one of the things they do that you might see if you live in a city like New York is counterfeit. If someoneâs raiding a store on Canal Street, thatâs usually HSI; theyâre raiding for counterfeit handbags or whatever. They consider themselves trade-like agents, and thatâs how they go about their business.Now the other part of ICE is the ERO. ERO is the division that basically removes people. Their job is essentially enforcement and removal, which means their job is to go out and basically arrest people who are subject to removal. Thatâs their whole job.And so the two divisions are differentâI mean, all law enforcement, they argue. One of the things that is perennially true about law enforcement, just like every other profession, is different groups argue amongst themselves about whoâs the real cops and whoâs this and whoâs that, who should be doing this?So there is tension between the two sides. HSI does not always like working with ERO. And right now itâs all very confusing, because the mandate is just: Arrest a lot of people. Everybody needs to be arrested. And soâBacon: Let me slow down and stop you. I want to come back to that. So talk about ICE from, letâs say, 2003 to 2016âwhich, Iâm guessing, a lot of us did not think a lot about ICE. What is ICE before Trump?Pishko: Yes. So before Trumpâone of the ways ICE works is they have regional offices. Our example here in North Carolinaâwe have a North Carolina regional office, and most ICE operations will happen out of that regional office. So the ERO operations are conducted locally.And the reason why theyâre conducted locally is because the main job of ERO is really to pick up people who have been arrested or who are detained in prison or county jails. Thatâs always been their primary job. And if you look at prior administrationsâactually, if you look at Bidenâs administrationâthis was primarily what ICE does.They get calls from local law enforcement who have people that theyâve arrested who they believe are deportable. And then theyâll call ICE and say: Hey, we have these people. We think theyâre deportable. Can you come pick them up? Thatâs the typical way it goes.You will seeâpeople will be in prison. After theyâre released from prisonâand this is in every state. You know, California; itâs not like a red stateâblue state thingâthey will call ICE and say: We have such-and-so being released from prison. We think theyâre deportable. Will you come pick them up? Thatâs the biggest thing they do.Now, the two other things they do, is sometimes they will have people with warrants that are deportable. Supposedly, theyâll get a warrant and say: This particular person, we think, is deportable. We want you to go get them because we think that they have committed a serious crime. And so sometimesâitâs called a targeted arrest.Then this third thing they do on occasion is what they call collateral arrests. Collateral arrests are basically, you go to arrest an individual, and this person has two friends there, or two family members there, who ICE believes are subject to deportation. And so they will just arrest them at the same time.And to say alsoâwhen ICE arrests you, they donât make the decision about whether youâre deported. An individual still has rights even after ICE arrests you.Itâs similar to being arrested forâletâs say they think you committed a robbery and they arrest you. They say: We think youâre deportable. They will arrest you. They put you in detention. Thatâs the fourth thing ICE does, is detention. They buy and rent detention facilities for people.But that personâyou still have a right to see a judge. You have a right to ask for bail. You have a right to argue your case. You could say: Iâm not deportable for x, y, z reasons. Theyâre basically a catch-and-release agency. They catch people, they put them in detention, and then judges decide, OK, this is what happens.Bacon: Did what ICE did change much in Trump One? I donât recallâthe âabolish ICEâ thing started in Trump One, but I donât remember them being deployed to cities like this. So what happened in Trump One involving ICE?Pishko: The biggest thing that Trump did in Trump One was change the priorities. One of the things about ICEâin all law enforcementâis that the bulk of how they operate is not law, but itâs priorities; itâs policy.What Trump did when he came into office was he changed the policy. The first policy he changed was the policy of collateral arrests. Under ObamaâObama tried to limit the collateral arrests of people who did not have criminal convictions in the U.S.I want to clarify, too, that everyone that ICE decides may be arrestable, deportableâitâs what they did after they got here. So it is a weird system. Youâre already here, and then you maybe are accused of a crime, and then they decide they might deport you. Itâs a weird system.So he got rid of all these priorities. They also had rules about: you werenât supposed to be in courthouses. Youâre not supposed to be at houses of worship. Youâre not supposed to be at hospitals. Because, under Obama, his catchphrase was âfelons, not families.â Which you can debateâI have a lot to say about thatâbut ultimately his goal was not to arrest ... letâs say someone had a family. You have an individual thatâs arrestedâthey have a wife, some kids. Maybe some of the kids are citizens. Maybe the wife is not. The Obama-era policy was not to arrest the wife and kids as collateral arrests, but just to arrest the individual that they thought had committed a crime.That was the biggest change under Trump One. And I will say, Tom Homan was there under Trump One. Now he has a really rigid idea about who should be deported. Tom Homan never got confirmed as head of ICE. They tried to make him head of ICE, but he was considered too scandalous. And then one of the reasons he never became head of ICE ...But his positions are really extreme because we have exceptions. For example, one exception is someone receiving medical care in the U.S. So letâs say you have cancer and you or your child is receiving cancer treatment. The U.S. has a policy of not deporting families who have children getting medical treatment. But Tom Homan ... he would argue: No, we shouldnât make that exception.Now we see what we see, which is obviously they donât make that exception anymore, but that has been the traditional policies.Bacon: And so that was Trump One, was to change the enforcement policies, basically.Pishko: Yeah, but they still didnât change that much about street arrests. They still were mostly picking up people who were in jails. That was the bulk of their job. And to say also, the biggest complaint always from local law enforcement is that ICE doesnât pick up all the people that they get called about.Letâs say you field calls. So letâs say in a day they get 20 calls and theyâre like: Hey, hereâs all these people you could pick up. ICE will decide: this person, this person, this person.Now under Obama, they would prioritize people with what they would call âserious convictions.â Basically if itâs a felony punishable by over a yearâthat was the basic gist.Under Trump, they dropped that. So you could go get anyone. But practically speaking, they just canâtâthey only have yea number of vans, and they can only drive so many miles.... And they still actually donâtâthatâs one of the liesâthey still are not picking up all the people they get called for. But thatâs been their typical job.Bacon: Did Biden change what Trump first administration had done in any real way?Pishko: He got rid of some of the collateral arrests.... I would say that was the bulk of it. He returned to the Obama-era method.Now I do want to say, even under this regular regime ... thereâs this idea that thereâs all these people who committed serious crimes and theyâre all wandering around, hanging out. This is not true. It just has never been true and itâs not true.In the first instance, if you look at who ICE, ERO arrests, puts into deportation, the bulk of them are frequently basically serial drivers under the influence. Theyâre people with multiple DUIs.Now, again, not saying a DUI is good. Iâm just saying a person with multiple DUIs is not, like, a terrible murderer.... People who have committed very serious crimes, serious assaults or sexual assaults or homicides, theyâre arrested and go to prison.So everybody knows where they are, because they usually will have a trial. Theyâll go to prison. Usually prosecutors want that trial. Now, theyâre not requiredâthey were never required to do it. For example, if, letâs say, someone was accused of a serious assault, you could deport them before the criminal trial.But it happened less. It happened. But I would say now itâs obviously regular practice: they just obviously are going after anyone who may have been arrested for many different things.Bacon: So talk about ICE as of January 20. What has changed? Because to me, the biggest changes are these 3,000-a-day quotas and the deployments to cities. So talk about what ICE has done distinctly over this last year-plus.Pishko: Whatâs kind of funny is things are the same and different. In reality, a lot of the ERO stuffâI always call it the driving in vans and picking up peopleâthatâs actually the same. They are still doing that on a regular basis.And itâs a little bit funny because thereâs some states like FloridaâFlorida was upset because Florida, as many people are aware, has been arresting a lot of immigrants. They have a lot of local law enforcement cooperation with ICE.And Florida was frustrated because Florida law enforcement was like: Weâre calling ICE to come get these people. And theyâre not picking up. We have so many and theyâre not picking them all up. What are we going to do?And that was how they opened that Everglades prison. They were annoyed that ICE wasâif ICE doesnât pick someone up, you have to release them. You canât just hold people for no reason. So some of [ICE] is the same.The biggest change that Trump did this time was move everyone who was doing anything else over to just arresting people who might be deportable. They moved all those HSI people who ... they do trafficking, they do serious investigations. Like CSAM ... so like child pornography kind of stuff.So they moved everyone and they also pulled a lot of people from federal agencies, the Bureau of Prisons and the post office and all these federal agencies. Theyâre like: We need all these guys in the street. And they flooded them on the street.The second difference was instead of targeted arrestsâlike, theyâre supposed to have a dossier: Hereâs the person, hereâs his picture, hereâs where he works or where he lives.Instead of doing these targeted dossier arrests, they just started driving aroundâyou can see whatâs happeningâtheyâre driving around picking up people, or theyâre knocking on a door where they heard Tren de Aragua is, and then just arresting everyone.And so sometimes they are using warrants.... Some of them are old. One of the things it seems like theyâre doing is regurgitating old warrants. Theyâll be like: Huh, hereâs five people we never got.Theyâre pulling some of that, but then theyâre also arresting tons of collaterals. And that, I think, is the biggest thing we see, that mass arrest of people you would notâwhich is where you get kids and grandmas and moms, the kind of people that normally they would not arrest and put into detention.Bacon: Now, I perceive Chicago and Minneapolis as having more ... agents on the ground. Is that correct as well?Pishko: Yeah. Normally ICE, ERO does not just walk around doing policing.... Their typical job is in a van. The van will come and pick people up, or they might have a targeted operation to arrest someone.Usually, what they typically used do is arrest them when they left the house for work. That was a typical practice. So again, itâs like a van. Itâs guys in a van, surveillance, and arresting people. So no, theyâre not normally street patrol, traffic patrol.The other thing about ICE is theyâre not really supposed to be doing traffic stops. Theyâre not supposed to be doing policing.Thereâs long been an issue about how ICEâlike, when it comes to collateral arrest with other thingsâI think thereâs a lot of that dance about: Is it racial profiling? Is it not racial profiling?Because there were rules that said: Oh, you canât just drive up to a house and arrest everyone who looks Latino or who speaks Spanish or something like that.It seemed like there was someâbecause if you asked, they would say: Oh, itâs like multifactor. But the factors were language. I mean, they were always like, what language people speak, what do they like, their job ... I donât know it kind of sounds like racial profiling to me.But nevertheless, they were not supposed to be driving around and pulling over people in their car.Bacon: So this has changed a lot. I guess the other thing is: It appears the shooting on Saturday was done by someone in Border Patrol, technically.That is unusual, in that I thought the idea was that ICE does immigration inside the country, and Border PatrolâMinnesota, I guess, is kind of on the border.... They were in Chicago, which is definitely not on the [border]. So is Border Patrol taking an unusual role? Is that something new as well, or is this not entirely new?Pishko: This is totally new. Yes, thatâs right. The intent was to beâICE was policing the bad guys on the inside. And again, you could see the relationship to 9/11, because the complaint people had about 9/11 was that some of the people involved had come legally. That they were legally here.And so ICE was formed in part because they were like: Uh-oh. We let these people come legally and now theyâre in our community legally. That was always what ICE was.Now, Border Patrol was supposed to be, as you rightly point out, at the borderâboth the U.S.-Mexico and U.S.-Canada border. Honestly, theyâre more like a roving militia. Thatâs their style.If you talk to people who have seen Border PatrolâI have not seen them on the U.S.-Canada border, but Iâve seen them on the U.S.-Mexico border, and itâs a desert. So they drive their trucks. They also crash their trucks.They have been sued many times for aggressive policing. There was a huge lawsuit because some Border Patrol agents shot a teenager on the Mexico side through the fence, because he was throwing rocks at them. Their job is like a roving militia.There are other people who do the paperwork. If you drive home from Mexico and you go through a little checkpoint, sometimes thereâs some Border Patrol, especially if they think youâre in trouble. But most of the time the people checking your passport ... sometimes theyâre just private security that are hired, and sometimes theyâre just administrative agents.Border Patrol is really more the police. Now, Border Patrol is not supposed to be, as you point out, used in the interior. On the flipâitâs a little confusing, because the zone has confused people.So the issue with the zone is that Border Patrol can do more. And everyoneâcitizens and not citizensâhave basically fewer rights in the border zone.... That is to say, Border Patrol can pull you over if they think you are harboring someone in your car.This has actually happened to me. I was driving and they pulled me over because they thought that I was picking upâbecause people will walk and then a car will come and pick them up. So they thought: Oh, you picked up migrants.Bacon: What state were you in at the time?Pishko: I was in Arizona.Bacon: OK. You were in a state that was on the border.Pishko: Yes. And I was lost and I was driving suspiciously, so they pulled me over to look to see if I had basically migrants in my car. And they can do that.... You have slightly less rights.And if you are a noncitizen, Border Patrol could pretty much just take you into custody if they think youâre a migrant who walked across the border or whatever.And then the second thing they do is they focus on âgot-aways,â as they call themâpeople who run and stuff like that. So you have different rights at the border now.Border Patrol, as a result, is not used to working in the interior, where peopleâcitizens and noncitizensâhave more rights. You canât, in theory, stop a car just to check out whoâs in the car.... Youâre not supposed to racially profile drivers. Youâre not supposed to stop people on the street for no reason. We know that from police. You canât just stop anyone on the street and say: Who are you and what are you doing here?You have to have some sort of suspicion that theyâre doing something or other. If anyone remembers New Yorkâs stop-and-frisk policies, that was the kind of stuff thatâs not supposed to happen.Bacon: Was Border Patrol in Minneapolis ostensibly because thatâs close to Canada? Why are they in Minneapolis, and then why are they in Chicago?Pishko: Honestly, it has nothing to do with the border. Basically what they seem to have done is, they made Greg Bovino ... he has a new job thatâs like commander of ops. What I think they did is created thisâthey havenât been totally transparent, thatâs why people are confusedâthey created basically, a roving Border Patrol unit that they are sending to different places. Some people might remember a raid in Kern County, California, before Trump took office. There was a huge raid of farm workers in Kern County at the end of 2024. They went in and arrested dozens of people, dozens of farm workers, and it was very unusual.It was a highly unusual thing for people to do. It was in the Central Valley. There was no good reason to do it. That was Greg Bovino, and it was Greg Bovino testing out what he was going to do in Chicago and Minneapolis: driving in, arresting a bunch of people, sweeping them away, and then driving out.And that is what his mission seems to be in Minneapolis. They drive in, they sweep up all the people, and theyâthe other thing about Border Patrol is they have a lot of equipment. They do. They dress military. They dress in desert fatigues. They have the helmet with the camera. They have the gear and the vest and they wear that outfit.Bacon: So whatâs happening is they are doing these sweeps, and then in Minneapolis people are protesting essentially, and thatâs creating these incidents, and that creates Saturday. What weâre seeing isâtheyâre over-policing. Thereâs protests of the policing, and then these clashes. Is that whatâs going on?Pishko: Yes. And then thatâs where people are pointing out things like, for example, Border Patrol should not be policing a protest. And youâll see right now, like, I see the administration today, the noise theyâre making is like: ICE is different from Border Patrol.Someone said Border Patrol was like ... a gorilla. It is true: theyâre not trained to handle protests. Theyâre not supposed to be in a city. In theory, they donât know all the legal rights. Theyâre not trained to do that kind of work.And so thatâs why the local police chief said people are really aggravated. Plus, theyâre really aggressive. Their demeanorâs super aggressive. They seem to be doingâBacon: The distinction Iâm drawing between the Border Patrol and ICE is something the Trump administration is drawing too. Iâm not thrilled to hear that, but that it does feel like the Border Patrol person killing someone does seem slightly legally distinct. Or operationally distinct.Pishko: Thatâs what I think theyâre trying [to argue]. That itâs operationally distinct: That was Border Patrol, because Border Patrol does bad policing.Itâs true. Theyâre rough. Theyâre not used to this kind of stuff. And everyone knows if youâve been in protests, police donât like protests. Policing a protest ... can be very overly aggressive. This is a known issue.After 2020, a lot of agencies tried to train on how to police protests. Again, Iâll add, not necessarily that I agree with how they trained to do it, but they did train people to do it. CBP is not trained to do that stuff. Thatâs just not what they do.Bacon: I didnât read all your writings about local police, but letâs assume what they say based off ofâyou and I are skeptical of local police, skeptical of sheriffâs departmentsâbut I think itâs worth putting that aside for a second and talking about ICE specifically as an agency and what it does.When we talk about abolishing ICE, what does that entail, in theory?Pishko: One of the things I do think people are doingâand I donât really think itâs badâis theyâre putting all immigration police under ICE. So theyâre [including] ICE, and any federal agents doing immigration policing, and Border Patrol.I think when people say âget ICE out,â they mean all the immigration police. âAbolish ICE,â lots of people have pointed out, would, in theory, not be that difficult. They made it, and so they can unmake it. And Iâve heard some people talk about going back to the INS system.Now, I want to say ... itâs the same people. Itâs not as if they didnât do basically the same thing. Itâs the same people doing the same thing.... I canât speak to what people mean.I think the hazard of âabolish ICE,â the thing people should think about, is if itâs dissolved and reformed, like we did with DHS. DHS was ... they dissolved INS and they reformed it. Now, even when they reform it, the truth of the matter is most of those same people are going to work there. It is just a fact. A lot of the people are still going to work there.Theyâre going to have the same manual. They might edit the pay ... theyâll edit the heading to say something else. Maybe theyâll do some change-up in hierarchy or whatever, but itâs going to be the same people doing pretty much the same stuff. I would say the bigger problem is the way that this country has brought together policing. So the criminal system and the immigration system.And that started happening in the â90s. This is like a drug war thing. The way this country decides who ought to be deported, as I said, is your conduct upon arrival in the U.S.You could see a world where you look at an individual before and you say: OK, what were you doing before? And et cetera. We do that [with] asylum seekers and such, especially from overseas, they sort of vet that.But when people come and are rendered deportable because they maybe committed a crime in the U.S., that becomes where we see this unionâand this is where the racial profiling is hard to root out. Youâre more likely to be profiled and arrested for crimes, then youâre more likely to be charged with crimes and then deported. It is like this system all the way down, where the country decided to put those two things together.Bacon: So youâre saying that getting rid of one agency called ICE and putting those people in different agencies, without a thing they go to work at called ICE, is not a solution, because theyâre going to be doing the same things under a different name.So is there a legal change?... If we want to see fewer immigrants grabbed in ways we donât enjoy, and fewer people killed for protesting, what would that sort of change look like?Pishko: Itâs difficult for me to answer because my overall answer is going to be a lot more systemic.Bacon: So give the systemic answer. Thatâs what Iâm asking for.Pishko: So my genuine answer is: We need to move away from looking at policing as a solution to solve problems. So the first thing, right away, isâquite franklyâitâs a defund strategy.... Immigration detention, quite frankly, just shouldnât be a thing. We donât need to detain people because we think they may be deportable. Thatâs perfectly ridiculous.They shouldnât be allowed to buy these GEO Group facilities and houseâand theyâre terrible. Theyâre terrible facilities, and thatâs how people give up and just end up going back. Theyâll go to another country because they donât like being in jail, for obvious reasons.So we need to de-policeâbut, in particular, for immigrationâs sakeâto detach this ... idea that people who are immigrants are basicallyâitâs like youâre a criminal until proven otherwise.Border PatrolâI see some politicians saying, Oh, put Border Patrol back on the border. But what we see is what they do on the border. The way they act is like every single person walking across the border is a bad guyâan enemyâwhether theyâre a woman, a kid, or a family. Theyâre bad guys.We act like every single person who is here is coming here are these bad people, and we donât want them here. I do think it [raises] the question: What are we policing the border from? If weâre so aggressively policing the U.S.âMexico border, what is the thing that we think weâre preventing?Bacon: I might agree with open borders. Letâs come back a little bitâthatâs where weâre going hereâbut can we have a policy that says we want to restrict people at the border, but once people are already in the country, weâre not trying to punish them with this special agency?Is it logically coherent to have border control, a Border Patrol ... that keeps people from coming in, but doesnât really focus on people already in the country, which is what ICE does? Is it logical to have Border Patrol but not ICE, in a certain sense, or not? Or you wouldnât necessarily want to condone that?Pishko: I feel like people have different opinions on this.... In my opinion, no. Because all weâre doing is criminalizing immigrants either way, and so weâre notâthe system just serves to make peopleâs lives miserable enough that they decide not to come, or they go away, or they go into hiding, or theyâre deported.The other way the system works, quite frankly, is justâitâs really brutal [for] people who have experienced the immigration system. The other thing is the immigration system is: itâs wildly ... unorganized and really hard to understand.If you have worked with peopleâI used to do work helpingâI donât know what theyâre doing with that now, but it used to be, if you were an abused spouse, you could apply for a special kind of asylum. You could prove that you were being abused and that you needed legal residency. This is if youâre a victim of a crimeâyou could apply for legal residency. Itâs really, really hard to do that. It is not easy.One of the things they could do is, honestly, have more judges, because the timeline to wait for people to go before a judge and argue their case is so longâlike, ten years. Itâs crazy ... you have people waiting in limbo for a decade.But what are they supposed to do? They go to work. They raise kids. Youâre going to live your life. You have lots of people who live their lives in limbo because it takes so long, and because we donât have enough judges to process things and move them along.Bacon: So let me ask the questionâI guess Iâve been building to it for half an hour, but Iâll ask it now. So youâre not a politician, youâre not a pollster, youâre not a strategist. I get all that.... So Congressman X, probably a Democrat, comes up to you and says: If I say âabolish,â that sounds radical. I canât say that. But I donât like what Iâm seeing in Minneapolis, or what I saw in Chicago.And this person says: Iâve done the reading, Iâve watched more training and body cameras ... and Iâve done enough reading to say that the reforms on policing weâve called for were pointless and stupid and havenât really done anything.Is there an agenda of ICE reforms, or changes to ICE, that actually would reduce the amount of incidents like whatâs happened in Minneapolis and Chicagoâsomething we can do that is short of âabolishâ but is actually not counterproductive and/or totally useless?Pishko: The thing that I think wouldnât be obvious to people, honestly, is to get rid of detentionâto get rid of immigration detention. A lot of the reason why ICE and CBP feel motivated to go and arrest all these people is partiallyâone, I would say roll back the Laken Riley Act. Congress earlier this year passed the Laken Riley Act, which expands the number of people subject to mandatory detention. So one of the reasons why they feel like they could just arrest all these people is because a lot of these people are now subject to mandatory detention.Bacon: Yes.Pishko: We should not have mandatory detention. I donât think we should be detaining any of these people at all.One of the things that is happening is that when these people are seeing a judge, a lot of judges are granting them bond. Theyâre telling them: OK, go home and come back. Theyâre just like: You donât need to be in jail.And then people are in jail. Like, itâs some jail in Texas. You donât have your stuff, you donât have your phone, you donât have a ride to the airportâall these nonprofits are helping people get plane tickets and whatnot. I just think if you got rid of detention, that would get rid of the incentives. And then honestly, the other thing isâBacon: But if youâre not detaining them, youâre notâOK. Youâre not detained. You can still have the rest of the policy that is not the detained part. Because the detained part creates all the violence. Is that what youâre getting at?Pishko: It would immediately disincentivize so many arrests.Bacon: Oh, I see. Right.Pishko: You canât detain them. So they would be like: Why... whatâs the point of arresting those people? The other thing, quite frankly, is you just have to cut back staff. The thing that no one ever wants to hear is the real way to reduce presence is you just have to have fewer people.Bacon: This is the whole thing weâve been talking about. In some ways, the policing conversation and the immigration conversation are related in your mind. The same conversation, probably.Pishko: I would say theyâre very much the same conversation. Honestly, you just have to fire people. We didnât get into it, but we could talk about local collaboration, which is its own problem.But I would say also because what we see in Florida, which is a lot of local collaboration.... Between mandatory detention, local collaboration, and basically being as harsh as possible, we see lots and lots of people getting detained. We donât even know where they are. We donât even know whoâs in these places. We donât know where people are going. That to me is ... ridiculous. Someone ends up on a plane to CECOT because, why?Bacon: Thereâs a lot of stuff out there: training and body cameras. Are those actively bad or just not helpful?Pishko: I donât think theyâre helpful.... The real practical point about training is everybody has training. You probably had training when you started at The New Republic. You have sexual harassment training, you have DEI ... everyone has training.But when you do the training and then go work, does anybody follow that training they got? No. So when people are trainedâone, thereâs a question about the quality of the trainingâbut two, when those guys go out in the fieldâletâs say Iâm Border Patrol. Iâm going to do what gets me advanced. Iâm going to do whatâs gonna make me a better Patrol [agent] and I want to rise in my career. I want to go up and be a lieutenant.So Iâm going to do what my boss says to do, and Iâm going to act like my boss acts because thatâs how Iâm going to get promoted. This is true with all police. You could tell them, like: No, youâre not supposed to do this. But if your boss is like: This is what we do.... You see in the TV show where theyâre like: This isnât like what they tell you in training. This is the real world....So Iâm like: training, itâs fine, but that doesnât change how they act. I do think one thing you could just do is ... just fire people who are either committing crimes or who shoot people or who areâif you have someone that you knew committed a crime, they should just get fired. I donât know whyâBacon: So you should definitely make sure ... the shootings weâve seen are investigated and most people ... are out of ICE. The people whoâve done the shooting should certainly be not walking around every day without any kind of prosecution. Obviously, that would beâPishko: You should fire them. If you know someoneâsome of these people with knownâwe know, for example, that theyâre harassing women detained. Just fire them. If you were at your job and you were known for doing bad stuff, they would fire you. If they were like: Oh man, told him not to do it, but heâs doing it againâyou wouldnât have your job. Thatâs how normal peopleâs jobs work. You canât mess up and keep your job.Bacon: All right, so letâs stop there. Any closing thoughts aboutâbecause I know youâve written about sheriffs and I didnât get into that as much, but we were in a sort of a law enforcement crisis and I feel ... thatâs why I wanted to talk to you about this. Any final thoughts?Pishko: I do think ... that the goal here seems to be to create a national police, which is not really something like we have had in this country. We donât have a national police, but ... one of the goals appears to be to ensure that every state and local agency complies with federal rules. They want everyone to do what the federal agencies are doing.Bacon: They have a national police, and then the local police act as agents of the national police.Pishko: Thatâs what I think Stephen Miller envisions in his head.Bacon: Yes.Pishko: A giant police for everyone. And for a long time weâve let policeâ honestly, weâve let police do whatever they want. They get to do what they want, they get the money they want. Andâwe donât want to be ruled by police.People should not be afraid to go outside. They shouldnât be afraid to participate in a protest. People shouldnât be beaten up. We all agree we shouldnât have that, and we shouldnât have a policing system where they think thatâs OK. Itâs not OK.Law enforcementâtheyâre not better than other people.... They should be obliged to have similar rules and consequences as everybody else and every other job.Bacon: So in some ways, thatâs interesting you said it that way. Because ... people can oppose a national police force. Although the trick is, the things that theyâre doing, a lot of times their local police does.Pishko: Yes.Bacon: I guess it is bad thatâwe donât want to have a national police. Ideologically, people [oppose] this version of it. But it does get this contradiction about it. The national police is just doing an extreme version of what the local police does.... I saw a senator say something like: We want to divert funds from ICE to local police. And I have trouble getting on board with that.Pishko: I donât think people should. Again, we donât want police to be a super class. Theyâre not the boss of everybody. Police arenât supposed to rule us all. And that is the world that ... I mean, itâs mostly Stephen Miller, but thatâs the world that some of these people are envisioning.But also a lot of the Fraternal Order of Police and these groups that have supported Trumpâthat is what he promised them. That is a thing that I donât think people want. I donât think people want a police state. People donât want that. They want to be safe. They want to feel like they can go outside and their kids can play outside and their kids can walk to school and you can drive to work. People want to feel safe in their neighborhood. They donât want a police state. Thatâs not a thing that people like.They donât want ... you canât get pulled out of your car and then your kid is left in the car, waiting for you to come back. I donât think thatâs what people want. So I think itâs a good opportunity for everybody to rethink the communityâs relationship to police, and that thatâs not what we want. We donât want to be ruled by fear of the police.Bacon: Itâs a great place to end on, Jessica. Thanks for your time. I appreciate it.Pishko: Yeah, thank you.