Reform or Abolition Is the Only Path to Preserving Our Democracy
In a healthy democracy, law enforcement exists to serve the public, protect rights, and operate under clear constraints. Immigration and Customs Enforcement—ICE—fails that test. While often defended as a necessary tool of sovereignty and rule of law, ICE as it currently operates undermines core democratic principles: due process, accountability, equal protection, and civilian trust in government.
This is not an argument against immigration law itself. Democracies have the right to regulate borders. But how those laws are enforced matters. ICE has evolved into an agency defined less by lawful administration than by deterrence through fear and violence—and that is fundamentally incompatible with democratic governance.
ICE was created in the aftermath of 9/11, folded into the new Department of Homeland Security during a moment of national trauma. That origin story matters. ICE inherited the logic of emergency powers: expansive discretion, secrecy, and an assumption that certain populations posed inherent threats. Two decades later, those assumptions remain embedded in the agency’s culture, even as the national emergency has long passed.
A Politicized Enforcer: Kristi Noem and ICE
Under the current administration, led by President Trump and Homeland Security Secretary Kristi Noem, ICE has become even more politicized and aggressive. Noem has publicly defended immigration enforcement actions that resulted in the fatal shooting of a U.S. citizen, framing the incident as justified and even characterizing it in militarized terms without independent investigation. Her department’s posture has shifted toward confronting domestic critics and expanding federal law enforcement deployments in cities like Minneapolis in the face of protests. This combative stance erodes public trust and signals that ICE’s neutral enforcement of law is but a tool of political theater and coercion, weaponized against dissent. The Trump administration is trying hard to project dictatorial strength and power, but the narrative is slipping away from it.
The Human Cost: Remembering Renee Good
The danger of ICE’s current posture is not abstract. On January 7, 2026, an ICE agent in Minneapolis shot and killed Renee Nicole Good, a 37-year-old mother of three, poet, and U.S. citizen, during an enforcement operation. Good was not being arrested or charged with any criminal offense at the time; video and eyewitness accounts indicate she was driving away when an ICE agent opened fire. This killing has sparked national outrage, widespread protests, and calls for independent investigation and accountability from lawmakers, local officials, and civil rights advocates. Good’s family has urged empathy and justice, emphasizing her role as a devoted mother and community member. In the wake of Good’s murder, the administration sent more agents to Minnesota in what appears to be an attempt to gin up protests that change the subject from Good’s murder and appear to justify ICE’s violence.
Her death is a stark reminder that enforcement without accountability can cost innocent lives—and destroy families. It raises urgent questions about the use of force by a domestic agency that should be focused on lawful, proportionate action, not militarized confrontation. Adding flame to the fire, President Donald J. Trump, Vice President J.D. Vance, and Secretary of Homeland Security Kristi Noem all defended her killing by calling Renee Good and her wife “domestic terrorists.”
ICE Undermines Democracy, Does Not Uphold It
Democracy depends on due process. Yet ICE operates in a legal system where civil detention can mean prolonged confinement without the full protection guaranteed in criminal court. People can be detained far from home, denied meaningful access to counsel, and deported through fast-track proceedings that prioritize speed over fairness. Legal residents, asylum seekers, and long-term community members are routinely swept into this system. When liberty can be taken without full constitutional safeguards, democracy is already in retreat.
ICE’s defenders often invoke public safety, but this claim collapses under scrutiny. The majority of ICE arrests are not of violent criminals but of people whose primary offense is a civil immigration violation. Meanwhile, evidence consistently shows that immigrant communities—documented or not—commit crimes at lower rates than native-born citizens. The agency’s most visible actions—workplace raids, courthouse arrests, and neighborhood sweeps—do not make communities safer. They make them quieter, more fearful, and less likely to cooperate with police or civic institutions.
Even more troubling is how easily ICE becomes a political instrument. Enforcement priorities swing wildly from one administration to the next, not because the law changes, but because presidential rhetoric does. This volatility reveals a deeper problem: ICE possesses enormous discretionary power with weak democratic oversight. In practice, that discretion allows immigration enforcement to be weaponized for political signaling—who belongs, who is suspect, who should be afraid.
Reform or Abolition: A Democratic Imperative
The public must confront a crucial question: Can ICE be reformed, or must it be abolished and replaced? Meaningful reform would require stripping the agency of its broad enforcement and detention authority, separating civil immigration administration from criminal investigation, and placing every enforcement action under clear judicial oversight. It would mandate full transparency and independent civilian review of uses of force, along with strict limits on civil detention and guaranteed legal representation in immigration proceedings.
But reform risks being superficial if the underlying culture of impunity remains. Abolition advocates argue that the functions ICE now performs—immigration processing, asylum adjudication, workplace compliance—should be transferred to civil, non-coercive agencies that operate with strict adherence to rights protections. Criminal investigations should remain with law enforcement agencies that are accountable, trained, and constrained by constitutional norms.
A democracy that enforces unjust systems unjustly erodes the legitimacy of law itself. Rule of law is not measured by how harshly a government can punish, but by how faithfully it protects rights while administering policy.
ICE, as it exists today, does not strengthen American democracy. It corrodes it. And until the United States is willing to reckon with that truth—through reform or abolition—tragedies like the killing of Renee Good will continue, and with them, the weakening of democratic ideals we claim to uphold.
T. Michael Smith
wwwtmichaelsmith.com