And then there was a German green card holder at Boston’s Logan Airport who was allegedly stripped and deprived of sleep and his medications by Customs and Border Protection — actions that could fit the legal definition of torture. (The agency has denied the allegations.) And a Canadian with a job offer who was detained at the southern border and held for 12 days. And another German, a tourist, who was detained at the southern border and held for more than six weeks. And a Russian biomedical researcher at Harvard who was detained coming back from France and has been in the infamous detention facility in Louisiana for over a month.
It’s the way we dig down for the details of these stories to reassure ourselves that this won’t happen to us, or that there is some logic to these arrests. The German man had a misdemeanor charge a decade ago. The Canadian was possibly using a crossing not meant for people submitting work visa applications. The other German, a tattoo artist, was carrying her equipment and customs agents might have suspected that she was planning to work illegally. The Russian scientist was bringing in frog embryos that the Department of Homeland Security says she did not declare properly. When the range of factors that can get a person arrested stretches from political speech to a paperwork error, we are in territory described by the Russian saying, “Give us a person and we’ll find the infraction.”
And, as the historian Timothy Snyder has pointed out, if due process is routinely denied to noncitizens, it will be denied to citizens too, simply because it is often impossible for people to prove that they are citizens. This has happened before, when an unknown number of U.S. citizens were caught up in the deportations of hundreds of thousands of Mexican Americans in the late 1920s and 1930s.
It’s the lists. More than anything else, in fact, it’s the lists. A private company has launched an app called ICERAID, billed as a “protocol that delegates intelligence-gathering tasks to citizens that would otherwise be undertaken by law enforcement agencies.” The app promises rewards for “capturing and uploading images of criminal illegal alien activity” and possibly even bigger rewards for self-reporting — for adding oneself to the ICERAID registry if one is “an honest, hard-working undocumented immigrant with no criminal history.” The app, in other words, combines two time-tested secret-police techniques: incentivizing some people to denounce their neighbors and inducing others to add themselves to registries.
It’s the denunciations by concerned citizens. Before there was ICERAID, there were several groups compiling lists of people they consider antisemitic, especially university students and faculty. These organizations include Mothers Against College Antisemitism, a Facebook group with more than 60,000 members; Betar U.S., a Zionist organization so extreme-right that the Anti-Defamation League has denounced it; and several other groups that, since the beginning of Donald Trump’s second term, have been reporting people to government authorities and cheering when they are detained, deported or fired. When Rubio was asked if the State Department is using lists fed to it by these private groups, he said, “We’re not going to talk about the process by which we’re identifying it because obviously we’re looking for more people.”
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