The Volokh Conspiracy
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My New Boston Globe Article Making Case for Abolishing ICE and Giving the Money to State and Local Police
It builds on an earlier piece in The Hill

On August 27, I published an article in The Hill, advocating abolishing ICE and giving the money to state and local police. The Boston Globe asked me to adapt the earlier piece into an article for them. That new article was published earlier today. Here is an excerpt:
The Immigration and Customs Enforcement agency has a history of horrific abuses, which have gotten worse under the second Trump administration. They include violations of civil liberties, large-scale racial profiling, and terrible conditions for detainees. Those abuses are of special interest to the Boston area, given the region's large immigrant population and that the administration is apparently planning a surge in ICE activity in Boston.
ICE's cruel actions have made the agency highly unpopular, with recent polls showing large majorities disapprove of it. But most Democrats, including most Massachusetts leaders, still shy away from calling for its abolition, likely for fear of being seen as "soft on crime" or against law enforcement. But there is a way out of this dilemma: Advocate for abolishing ICE and giving the money to state and local police.
In the new article, I took the opportunity to address some objections left-liberals (like, perhaps, many Globe readers) might have, such as this one:
Many studies show that putting more police on the streets can reduce crime. Indeed, diverting law enforcement resources from deportation to ordinary policing can help focus more effort on the violent and property crimes that most harm residents of high-crime areas. Deportation efforts, by contrast, target a population with a lower crime rate than others…..
Some progressives might nonetheless oppose transferring funds to conventional police. The latter, too, sometimes engage in abusive practices, including racial profiling. I share some of these concerns and am a longtime advocate of increased efforts to combat racial profiling. But comparative assessment is vital here. Despite flaws, conventional police are much better in these respects than ICE, with its ingrained culture of brutality and massive profiling. They have stronger incentives to maintain good relations with local communities and don't need to rely on racial profiling nearly as much to find suspects. A shift of law enforcement funds from ICE to conventional police would mean a major overall reduction in racial profiling and other abuses.
Survey data show most Black people (the biggest victims of profiling) actually want to maintain or increase police presence in their neighborhoods, even as they (understandably) abhor racial profiling. Grant money transferred from ICE could potentially be conditioned on stronger efforts to curb racial profiling and related abuses, thereby further reducing the problem. It should also be conditioned on spending it on combatting violent and property crime, and structured in a way that prevents excessive dependence on federal funding.
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Respectfully disagree there, IS, borrowing from the late/great William G Buckley, (he opined that it was better for Homosexual Rape to occur in Attica State Prison than in Central Park)
If Kill-More Garcias kills more Garcias doing his Human Trafficking job, it’s better it happens in Uganda than in Tennessee
Frink
It makes even less sense than the last time you said it.
The obvious problem with this idea is that decentralized, state and local law enforcement agencies are not directly under the control of the president.
Since the GOP has recently done a 180 on "local control" and "federalism", it's not going to happen.
This is absurd. What do you think states such as Illinois, Maryland, California, Washington, New York and Delaware will do? Will they hire thugs to grab any Mexican looking person off the street? No. Will they brutalize local communities based on their ethnic makeup? No more than they are already doing, which is much less that MAGAs want. Will they hold US citizens for hours or days in brutal conditions because the masked thugs can't read an ID card? No. Will they use a militarized unaccountable police force to march to fascism? No.
That is why this proposal will never work. It does not match MAGA priorities of illegality and brutality.
What some of these states will do is cover for illegals like the one who murdered Laken Riley while trying to rape her pussy!
...So what's your first language, since it doesn't seem like it's English?
Meanwhile, the supreme court has just given the green light to large scale racial profiling without bothering to explain themselves.
If you really want to restore faith in the judiciary, then cease lifting injunctions against this administration without explanation. I'm looking at you, John Roberts.
I think that Roberts has decided that the price of restoring liberals' faith in the judiciary, never ever ruling contrary to their wishes, is just too high to pay.
It's not a matter of "never ever ruling contrary to their wishes", it's about refusing to even try to explain or justify overruling well reasoned lower court decisions.
What was the legal reasoning behind their lifting this injunction? What did the lower courts get wrong as a matter of law? They don't say, so nobody knows. How can anyone respect that?
You know who doesn't think the lower court decisions are well reasoned? The people whose opinion matters.
I'll agree that the Court is doing too much semi-informally, and is actually deciding too few cases. I'm pretty sure we disagree about what well reasoned decisions look like, and the left doesn't seem terribly happy even when the Court's reasoning is pellucid, if they none the less lose: Look at the meltdown over Citizens United or Bruen.
They're just putting a stay on a TRO/temporary injunction, not deciding the case. They've never given much explanation for those.
Kavanaugh even explained why they don't give much explanation.
Anyway, there's only four factors that go into the decision to grant/stay the order and two of them don't change.
My money's on likelihood of prevailing, exactly the kind of reasoning they'd avoid putting in a stay TRO order to not prejudice the trial court or their own decision.
The Democrat only have faith in their ideology and nothing else.
SCOTUS has no reason nor care to have faith in the judiciary. They played their role in ensuring that MAGA wins. They have none one left they care about fooling anymore.
Reminds me of the “Peace” Protestors of the 60’s calling Servicemen returning from Vietnam “Baby Killers” when they were only carrying out the Foreign Policy of JFK/LBJ, both Houses of Congress, and not ended until that Hippy Richard Milhouse took Orifice.
You don’t like our Immigration laws or the enforcement of same?? Last time I checked we had an Erection last year, your side lost (“Bigly” I might add)
Frink
Wow, I think I was just possessed by the Spirit of the Late/Great Officer Joe Friday (Badge #714 LAPD)
Frink
Buddy, enough of this nonsense.
You know, I understand the pain of wanting extremely unpopular policies; I want drugs relegalized, which is probably almost as unpopular as your open borders position.
And I understand the pain of seeing the Constitution interpreted by the Supreme court in what I think is an unjustified way. I mean, the 6th amendment, what's complicated about the word "all"?
But this present proposal has an air of desperation about it. Nobody, absolutely nobody, is going to fail to understand that you'd defund ICE to defund ICE, not to infinitesimally increase local police funding.
Well, I think I need to step in and defend Prof Somin here.
Prof Somin sincerely believes that there should be no immigration controls. It is therefore perfectly logical to want to abolish the enforcement mechanisms for laws that should not exist.
His proposal is in many ways a mirror to some of the current administration's policies. Trump is try to close down, or conduct mass firings from, agencies that he regards as either useless or counterproductive. That's perfectly logical too.
I would like Prof Somin's proposal better if I agreed with his policy choice. But supposing that I did, I would prefer any savings to go into tax cuts rather than more spending on state and local police. State and local police are not the responsibility of the federal government. (En passant, I will note that while I have no objection to the federal government getting involved in the policing of DC, I do not want then to get involved in policing the hellholes that Democrats have made of the cities in the states they run.)
The problem is that Trump is advancing, in legally questionable ways, generally popular causes. Heck, he'd be using less questionable means if the Republican Congress were actually representing their constituents.
While Ilya's open borders obsession is about as unpopular as it gets. Literally the only way he can get his way is if democracy in the US can be defeated.
Trump doesn't need democracy to be defeated, unlike Ilya.
How far would we (MAGA) go if we could?
I don't think we would go to public executions of illegals -- yet -- but if people like Ilya keep it up, we will be going for burning illegals at the stake for Friday Night fun.
Nothing wrong with advocating unpopular causes.
By "generally popular," Brett means that he likes them.
Ilya's only true objective is the elimination of borders. Everything else is a stepping stone to that end.
Local police, prosecute and judges refuse to enforce the law. And you want to give them MORE authority and money??? You are a fifth column Communist. We reject all of it.
Golf clap!
My personal fear is that ICE is a prototype or training ground for a cadre of secret police and network of concentration camps whose members are trained entirely outside ordinary law enforcement, who are used to not having the constraints of ordinary law enforcement, and are personally loyal to Mr. Trump. I fear that the public will get used to its operating masked and in secret, and that it will some day be used to round up opposition politicians and other regime opponents into the ready-in-place vans for deportation to the ready-in-place concentration camps built and waiting for them.
That said, this country has long had an immigration service and immigration enforcement agents. I can’t object to their being one if properly trained, operating openly, not indoctrinated to see foreigners as inherently enemies of this country and not inclined to treat them cruelly, without a vast network of concentration camps, and subject to constraints.
The Japanese internment was a lot worse than anything Trump is doing, given that it was targeting US citizens who were entirely entitled to be living in the US unmolested. As such it was grossly unconstitutional, but the Supreme court rolled over and played dead for FDR.
And Operation Wetback in the 1950's was a lot more militaristic.
But there's no arguing that the constitutional limits on federal power that were still extant at that time have largely fallen, and you might consider that they mostly fell at the hands of Democrats, who expected to be exercising that power themselves. Democrats have had a really bad habit of advocating powers for the government on the assumption it would always be themselves deciding how they were used.
And we have much more of a surveillance state today.
So I can't say your concerns are entirely unwarranted, but at least we have a nice bright line of citizens vs aliens here. If Trump starts deporting citizens in any more than a trivially low "nothing at scale is perfect" error rate, let alone deliberately, you'll have genuine cause to howl.
But Ilya will howl at the most carefully run immigration enforcement program imaginable, because he IS an open borders fanatic.
"because he IS an open borders fanatic."
Hear! Hear!
Why can't the surveillance state find all the illegals TOMORROW and have them gone by Friday???
Why can't you be less stupid? The answer is the same: it's not physically possible.
No. They simply believed that they would be exercised, regardless of who was in power, in good faith. Which they always were, until Trump.
No other first world country allows millions of unknown people to live among its citizens. None of them.
Why? For the same reason you do not want people you don't know to come into your house, uninvited.
Yet Americans are supposed to allow this.
For those who don't know, Reason was funded to be an open border mouthpiece. Somin is just doing as his masters order.
There is very little connection between Reason (the magazine or the foundation) and the VC, except that the latter includes bloggers who often share a number of positions with the former, and the former currently hosts the blog.
Brain dead proposal by the pro-illegal-immigrant Somin. He wants ICE budget money diverted to police in sanctuary cities and states so that they can enforce immigration laws that their state and local bosses refuse to let them enforce? To what end, giving more of their LEOs 6 digit salaries and 7 digit retirements? Many of these jurisdictions are effectively bankrupt, thanks to to squandering the money they bring in in taxes, spending it on multimillion dollar retirements for unionized government employees, welfare and other benefits for illegals, trains from nowhere to nowhere, etc. And want the rest of us to bail them out financially with federal giveaways.
Calling this comment a straw man is like calling Hitler "Kind of a jerk."
Evading my point that the money that Somin wants to divert from ICE to sanctuary states and cities wouldn’t go to immigration enforcement, which means that it would go elsewhere. Because that is what Sanctuary means - that law enforcement NOT enforce federal immigration law.
+1 to all you said.
Somin has gone completely off the tracks with this one.
Would middle ground would be to have the federal government provide funds contingent on the state/local jurisdictions enforcing federal immigration law? Is Prof. Somin proposing this? Obviously if the actual objection is to the law then providing funds to enforce it is nonsensical. Couldn't this could be done without abolishing ICE? Then as jurisdictions show success there would be minimal/no regular ICE presence.
So to be clear, you advocate that the funding and responsibilities over immigration be handed to the States, States you also claim have zero right to enforce immigration whatsoever, even if they want to. Doesn't take a genius to see where that goes and no I will not sign on to the destruction of my own country you evil POS.
I actually would be in favor of fully local control, if it meant fully local control. California can give illegal immigrants infinite gay space communism or whatever it is they're up to. Texas can execute invaders found within its borders. The now policy-neutral federal government lets them both handle their own affairs. Deal?
So if the federal government decides to abdicate border responsibility, perhaps we should return to the states the power (as it was under the articles of confederation) to control their own borders. Can't wait to see two state custom offices on I-75 on each side of the Michigan-Ohio border.
I think you will like these
https://m.youtube.com/watch?v=CXk1882z5oo&pp=ygUfYmxpdHogd2VpbmhhcmQgYmVlciBjb21tZXJjaWFscw%3D%3D
https://m.youtube.com/watch?v=iigxaFBTAZ4&pp=ygUfYmxpdHogd2VpbmhhcmQgYmVlciBjb21tZXJjaWFscw%3D%3D
There was a whole series of these commercials back in the day.
Right on, Ilya. ICE has operated as a de facto national police force and arm of the active duty military. If I became an ICE agent and shared ICE's disdain for human and civil rights, I'd probably wear a mask too. And my wife would leave me and take the kids as far away as possible.
I would suggest that the transfer of funds to state and local LE be also conditioned on a prohibition of spending on military grade vehicles, weapons, and other equipment, beyond what might plausibly be necessary to the core mission you've described. Maybe conditioned also on policies prohibiting mask-wearing and requiring prominent display of badges and other ID. Truly local LE don't wear masks, because they don't need to hide from the communities they serve.
So... terminate very effective immigration and customs enforcement against the 20 million illegal aliens in this country, and give all that freed-up federal money to places like Boston to waste on "community policing," de-escalation training, LGBTQ+++ sensitivity training, etc.
That's about as serious a law enforcement proposal as Drag Queen Story Hour is for increasing kindergarten literacy. Less serious, come to think of it.