ICE not only looks and acts like a paramilitary force – it is one, and that makes it harder to curb

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 militarized, has 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.