American Values in the Trump Era

I saw a Facebook post over the weekend, containing the line "What the fuck happened, America?" The post's author didn't specifically state what it was written in response to, but it's not hard to guess.  Over the weekend, the story broke that the Trump administration had directed Customs and Border Patrol to specifically begin splitting up families that cross into America's southern border.  The children are housed in Spartan detention camps, while the parents are presumably deported.

Read that again.  The Trump administration ordered CBP to split up families who cross into the United States from the south.  CBP went right along with it, without hesitation.  And many of his followers rationalized what the administration was doing.  Some even cheered.

"What the fuck happened," indeed.

This policy (it is absolutely NOT a law, and don't believe otherwise) is intentionally cruel and appalling; and if you're not shocked by it, you need to recalibrate your moral compass.  But the truth is, it didn't just come out of nowhere - in more ways than one.  First, the United States government has been party to other inhumane practices, both large and small throughout its history.  You probably know of some of the bigger ones: slavery, the Tuskeegee Experiments, interning Japanese-American citizens in WWII, and the Trail of Tears, to name a few.  As for the smaller ones, the ones that immediately come to mind tend to be more recent.  Camp X-Ray, rendition, and "enhanced interrogation" (AKA torture) desensitized us to the government treating non-Americans cruelly.  The TSA enacted increasingly invasive and unnecessary security measures while providing no mechanisms for recourse or accountability for abuses of authority, and many people shrugged their shoulders and accepted its infringements on all of our rights.  Ditto with the NSA and its bulk data collection.  We largely ignored the Pentagon's 1033 Program, which supplied surplus military hardware to police forces across the nation; and just as the old saying about "when all you have is a hammer..." goes, those police units began adopting more aggressive attitudes and tactics.

The CBP's separation of families is a convergence of all the things I just described: the TSA's lack of accountability, police forces' aggressive posture, and Camp X-Ray's barbaric treatment of non-Americans.  And we - American citizens - kind of let it happen by abandoning our civic responsibilities.  The more often we turned a blind eye, or halfheartedly protested, the more these practices became entrenched.  Acceptable.  Widespread.

But that's only part of it.  Another huge factor, as I'm sure you can guess, is President Trump.  The Trump administration's policy of separating families should not be a surprise, if you paid attention to what Trump said and who he surrounded himself with on the campaign trail.  Remember when Trump referred to Mexican immigrants as criminals and rapists? That was almost three years ago to the day.  Trump has never bothered to hide his hatred for Latino immigrants or his racism, and now he's pushing policy in line with his attitudes.


As much as Trump is at the center of this, it's not just about him, though.  The family separation policy may have been in the planning for a while, but it was only rolled out recently.  Did you notice how quickly CBP fell in line, though? I don't see many people talking about that, except tangentially.  I've seen a few articles about how indifferent, even cruel, the CBP officers have acted toward the detained children, but AFAIK nobody has asked how they got that way.  Institutional cultures don't shift so radically in such a short time, which means that the CBP behavior we're seeing has been there for a while, just below the surface.  Trump's policies may have drawn that cruelty out, but it didn't create it from scratch.  Regardless, curbing the CBP excesses will be one of many problems this country faces after Trump leaves office.

I often claim that Trump unleashed this country's ugly side.  All the racism, the misogyny, the anti-intellectualism, the corruption and the lying, the obnoxious boasting, and the "burn it all down" style of governing - it didn't originate with Trump.  Like the CBP agents, there were a lot of shitbags who Trump has emboldened.  They will still be here after Trump is gone, and they won't go quietly. The fallout from the Trump administration will shape politics for decades.

Because this is about a lot more than the family separation policy.  It's about Trump's entire worldview, something that informs everything he thinks, says, and does.  Think back to Trump's comments about immigrants being criminals and rapists, and how those comments relate to this current family separation policy.  Now think about other things Trump said during his campaign.  Remember all of his racist and misogynist dog whistles? Remember when he said he'd only acknowledge the election results if he won? Or how he popularized a slogan calling for a political rival to be jailed - and still uses it at rallies and speeches?

Does this mean I think we're on the march toward genocide or a dictatorship? That Trump's going to seize control of the government and declare himself emperor or something, or that we'll be herding immigrants, Muslims, and who knows who else into camps? I honestly don't know, but I'm giving both non-zero possibilities at this point.  I may very well be overreacting, and there's certainly a significant chance I'm wrong.  However, there have been a lot of indicators that Trump wants to do so.  He's installed family members in key posts, centralized the decision-making process, made targeting minorities and other protected classes a common theme of his policies, and fawned over more than one totalitarian despot.  At the same time, the institutional checks meant to keep a president from seizing power are weakened.  The GOP-controlled congress won't stand up to him, because of either cowardice or opportunism - I can't figure out which; and the Democrats suck as an opposition party, because they won't come up with a coherent platform.

They need to, quickly; and they need to fight to win with everything they've got. (Everything legal, of course.) Because if the Trump administration is separating immigrant families today, what will it be doing tomorrow? Will it move on to some other group next after it's done with immigrants, Muslims, or transgender people? As I already said, I don't know.  Nobody can predict the future.  But that's why it's important to smack down any authoritarian policies early, because by the time people are getting marched to the gas chambers, it's too late.

This isn't a debate about policy any more, it's about morality.  Right and wrong.  Trump, the members of his administration, his Republican enablers in Congress, and his supporters - they're all embracing a very immoral and un-American set of values.  History will someday judge them as villains - IF the rest of us do something about it.  Vote, protest, call your elected reps.  Do what you can to render the Party of Trump ineffective as a political movement.  There should be no place for their ideas and policies in American society.

Because history will judge you too.

ICE's Push for a Seat at the Intelligence Community's Table

"There's a reason you separate military and the police. One fights the enemies of the state, the other serves and protects the people. When the military becomes both, then the enemies of the state tend to become the people." - Commander Adama, Battlestar Galactica

In December of 2002, a militia operating a checkpoint in Khost Province stopped a local taxi driver in his early 20s named Dilawar.  The militia turned Dilawar and his three passengers over to US personnel, who incarcerated the four at the Bagram Collection Point.  However, Dilawar and his passengers were detained solely on circumstantial evidence: the militia discovered items in the taxi and on the passengers which could have theoretically (but unlikely in reality) been used to conduct a rocket attack on Camp Salerno which had occurred earlier that same day.  Those items were the entire basis for detaining Dilawar and his passengers.  Additionally, US officials began to suspect the commander of the militia that had captured Dilawar and the others was actually behind the attacks, and had been covering his tracks by accusing innocent Afghans of his own crimes.  I brought up this story because it serves as an illustrative "absolute worst case" example of what can go wrong when the line between intelligence collection and law enforcement gets blurred, and it's relevant now because a recent news article has reported that Immigration & Customs Enforcement (ICE) wants to become a part of the US intelligence community.  The article isn't clear on exactly what kind of role ICE envisions for itself, so there's a lot of room for interpretation; however, in most scenarios it is an awful idea.

I didn't know a lot about ICE or what it does, beyond the vague opinion I formed based on news stories about it.  So, I went to its official website to learn more about it, and from what I can tell, the organization's core mission is to investigate any and all individuals and goods that have entered or exited (but mostly entered) the country unlawfully.  That's a pretty broad mission, and it covers these things, among others: immigration (obviously), human trafficking, gangs and organized crime, worker exploitation, fugitive extradition, drug smuggling, illegal weapons and ammunition, black markets, and of course, antiterrorism.  ICE's workload practically guarantees that it needs access to at least some of the intelligence that agencies such as the CIA and NSA collect and disseminate.  There are already (or should be) processes in place for that kind of thing, though.  For example, if the CIA comes across something that the DEA might need, there is most likely a DEA liaison working at a CIA office somewhere; all the CIA has to do is redact the intelligence so that anything the DEA only receives what's relevant to its specific mission.  Most intelligence and law enforcement agencies, if they're smart, have coordination offices set up to handle this sort of information-sharing.  I don't really have a problem with that kind of cooperation, but that's the best-case scenario.

A second scenario that I consider to be likely is that other agencies provide ICE with intelligence it shouldn't see, in ways that violate individuals' rights.  That's not so farfetched.  There's a shady-as-all-hell technique called "parallel construction", in which law enforcement officers conduct investigations and make arrests based on unlawfully-obtained intelligence (say, an NSA intercept), then fabricate a legal rationale for the investigation or arrest to conceal the fact that the intelligence played a role in the process.  According to TechDirt, the DEA has been using the practice for quite some time; and if ICE gets a place at the intelligence community table, it will very likely start doing the same thing.

But even if ICE doesn't start engaging in its own parallel construction, there's a good general reason why it should be kept at arm's length from the intelligence community.  The process of intelligence collection is vastly different from a law enforcement investigation.  Collected intelligence isn't required to meet legally-mandated standards for admissibility in a courtroom, nor is there a defense counsel to attack the prosecution's argument.  Concepts like "fruit of the poisonous tree" and "unreasonable search and seizure" don't constrain intelligence collection the way they do law enforcement investigations.  And while good intelligence is provable, it doesn't need to be.  Fairly often, the acceptable standard for intelligence is that it's plausible: the source is reliable, the intelligence has a ring of truth, and it dovetails with other available information. Intelligence-collection procedures don't transfer very smoothly into the law enforcement world, though; and that's by design.  When you receive tactical intelligence about an enemy tank battalion half a mile away or that a terrorist group wants to blow up a crowded concert venue, you don't evaluate it as if it needs to withstand scrutiny in the legal system. That's why there needs to be a very high wall dividing the two fields of intelligence collection and law enforcement.

ICE's current conduct is another reason to be uneasy about this push to join the intelligence community. ICE ultimately answers to the president, so its aggressive anti-immigration stance are meant to reflect the current president's political views.  That's normal in any boss-subordinate relationship.  However, rounding up individuals who have been upstanding and productive members of society, such as highly-educated chemistry teachers and combat veterans, shows extremely poor judgment and is obviously a way to pad ICE's productivity numbers, therefore making it appear useful.  These people being apprehended and deported are threats to nobody, and the country would be better served by ICE targeting the hardened criminals; but ICE is sucking up to the "boss" and also taking the lazy route.  Additionally, Congress still retains authority over ICE in a few important ways.  It ultimately approves or rejects ICE's budget, and it is responsible for crafting any legislation that would allow ICE to join the intelligence community.  Now, Congress is currently controlled by the GOP, so ICE's hardline stance is likely a reflection of that; however, the Democrats seem poised to retake at least one Congressional chamber this fall, so if ICE's aggressive stance is meant to curry political favor, it had better hope that Congress passes favorable legislation very soon. (Seeing how the government seems to be shutting down every other day lately, I wouldn't count on that happening.) It's such a shortsighted move that from a political perspective I'm surprised ICE is doing this.

The bottom line is that intelligence agencies operate without having to consider things the rule of law mandates, because their work rarely sees the inside of a courtroom.  That's necessary, considering an intelligence collector's mission. But when a law enforcement agency, which is duty-bound to respect the rights of the accused and obey laws concerning evidence collection/discovery and due process, wants to move closer to a world with a more permissive set of rules and norms, it is disabling a vital mechanism for accountability.  That should raise a serious red flag, especially after ICE's heavy-handed methods of late.

ICE doesn't need to build ties with the intelligence community beyond the intelligence-sharing relationships that already exist.  Period.