Boston Review: The Making of the Deportation Machine
The Making of the Deportation Machine
The pillars aren’t new. They were built over decades, with bipartisan consensus.
In the recent film One Battle After Another,
the line between immigration enforcement and law enforcement has vanished in
the United States. The constitutional and human rights of citizens and
noncitizens alike are evaporating as brutal immigration crackdowns fuel
political repression and ignite blasts of violence. The odious Colonel Stephen
J. Lockjaw—chillingly played by Sean Penn, with an uncanny resemblance to
recently reassigned U.S. Border Patrol commander Gregory Bovino—slithers
between immigration authorities, local police, the armed forces, and white
supremacist militias. He is finally punished not by state authorities acting
under the force of law but rather by his white supremacist frenemies, who
execute him because he has become a political liability.
Immigration enforcement has long been braided together with the criminal
legal system, fueling the carceral state.
Whatever one makes of the politics of the film, it is hard not to be struck
by its resonances with the present. Donald Trump’s militant mass deportation
operation can only be described in terms the administration reserves for
protesters: it is a campaign of terror, backed by the full force and effect of
the federal government. In jurisdictions across the country, masked immigration
authorities, troops, local police, and sheriffs’ departments are working in
lockstep to carry out this mission. The lives claimed include not only Renee
Good and Alex Pretti in Minneapolis but also a Cuban man, Geraldo Lunas Campos,
whose death under Immigration and Customs Enforcement (ICE) detention at Camp
East Montana in Texas was ruled a homicide in January, as well as at least thirty-two
others who have died in conditions deplored by human rights
groups as inhumane, illegal, and barbaric. All the while, some state and local authorities
and especially the public are pushing back against the feds or preparing to
resist the onslaught when their time comes.
How did we get here? Blaming Trump or Stephen Miller, his deputy chief of
staff for homeland security, only gets us so far. For anyone seeking to stem
state violence and mitigate the brutalities and injustices of the existing
order, understanding how the criminal legal system and immigration enforcement
have been braided together is essential. So is understanding the central but
often overlooked role of sheriffs’ departments and the political economy of
rural areas as bulwarks of the carceral and deportation state. Several recent
books paint a stark portrait of the uniquely expansive regime of U.S. policing
and punishment, revealing what conventional wisdom gets wrong about its origins
and scale and clarifying the obstacles to changing it.
There is perhaps no better place to start in tracing the roots of this
moment than The Migrant’s Jail, historian Brianna Nofil’s magisterial
study of the mutual development of U.S. penal and immigration policy over more
than a century. The political and institutional pillars of the system as we know it today were not put in place relatively
recently, Nofil shows. On the contrary, they emerged over decades through
bipartisan consensus and complex interactions between federal, state, and local
authorities.
The story begins in the late 1800s, by which time U.S. courts had reached a
consensus that local governments were not free to forge or execute their own
immigration policies. Whether and how the federal government might coerce or
cajole localities to carry out federal immigration policies remained unsettled,
however. The pitched battles today between the Trump administration and certain
states and municipalities over sanctuary status, detention facilities, and
cooperation with ICE are being fought on this still indeterminate terrain. But
such antagonism is more the historical exception than the rule, Nofil
demonstrates. Over the long run, the dominant pattern has been mutually
beneficial cooperation between the federal government, states, counties, and
cities.
Indeed, county jails have always been “foundational to the project of
federal immigration law enforcement,” Nofil explains, yet “they have operated
with a staggering absence of oversight or public awareness.” Numbering nearly
3,000 for more than a century now, these facilities have functioned as a
win-win in the eyes of government officials. On the one hand, they have allowed
policy set in Washington to expand its reach far beyond ports and borders. On
the other hand, federal contracts have served as cash cows for local
communities, enabling them to expand jail space, cushion budgets, reduce taxes,
and create slush funds for local officials. Working with federal authorities
has thus long empowered cities and counties to bankroll carceral expansion
without having to seek the tax dollars or the approval of voters. Last summer,
the sheriff who oversees Butler County Jail in Ohio put it plainly: the federal government “depends on sheriffs
and county jails to have bed space,” and his recently renewed ICE contract
helps “pay the bills.”
In moving detail, Nofil brings to life the voices of hungry, sick,
sweltering, and shivering migrants caught up in the immigration system through
the decades, many of whom were driven to suicide or its brink while languishing
in detention. One common thread she finds in their stories is the “agonizing
uncertainty” of being subject to the whims of state power. Ellen Knauff, a
German woman detained in 1948 while trying to enter the country with her
American husband, was held for more than a year at Ellis Island; detainees are
“shut away from the outside world long enough,” she later observed in a memoir,
that “most of them will stop caring about what happens in the world as well as
to themselves.” Knauff’s habeas petition went to the Supreme Court, whose ruling
helped enshrine the so-called “entry fiction” and plenary power doctrines,
depriving entering aliens of due process rights and exempting deportation
orders from judicial review in most cases. Nor have justifications for
treatment like the kind Knauff faced been solely legalistic. Politicians and
policymakers have long portrayed deplorable detention conditions as vital means
for deterring immigration or encouraging self-deportation, Nofil shows. Trump’s
cruel spectacle of “Alligator Alcatraz”—and for that matter, Obama’s quieter
determination to detain families in prison-like conditions—thus cannot be
seen as exceptional.
Last summer, a sheriff put it plainly: the federal government “depends on
sheriffs and county jails to have bed space,” and his ICE contract helps “pay
the bills.”
Perhaps the most striking antecedent of today’s mass deportation campaign is
“Operation Wetback,” a federal spectacle launched by the Eisenhower
administration in 1953 that remains largely unknown to the public, despite
Trump’s many oblique references to it since his first presidential campaign. Over the span of two
years, immigration authorities apprehended and removed more than 800,000
Mexican migrants “from work camps, bars, and the streets of American
communities, as fawning media coverage celebrated the heroics of the Border
Patrol’s war on Mexicans,” Nofil notes. The operation simultaneously entrenched
the depiction of migrants as criminals and as an existential, racialized
threat. At the time, Immigration and Naturalization Service (INS) Commissioner
Joseph Swing called migration from Mexico “an actual invasion of the United
States,” a message that helped to neutralize claims that deplorable immigration
policy was undermining the image of the United States as a beacon of human
rights in the Cold War. By the 1970s, many local police and sheriffs’
departments had embraced immigration enforcement as central to crime-fighting.
Between 1968 and 1978, the number of migrants turned over to the INS exploded
about twelvefold to 120,000 annually thanks to the growing use of “detainer”
requests from federal authorities.
This “rebranding” of immigration enforcement as law enforcement only further
accelerated the following decade, Nofil shows. Under Attorney General Edwin
Meese, Ronald Reagan’s Department of Justice explicitly identified the INS as
“a criminal justice agency.” Meanwhile, beginning in the 1980s, Congress
enacted several landmark measures fostering collaboration between the INS and
local law enforcement, lengthening the list of deportable offenses and
bolstering the government’s capacity to detain citizens and noncitizens alike.
The Immigration Reform and Control Act of 1986 provided a pathway for millions
of unauthorized migrants to legalize their status, but this so-called amnesty
legislation also mandated that deportation be carried out “as expeditiously as
possible” after someone is found guilty of a deportable offense. To facilitate
that, the INS established the Alien Criminal Apprehension Program to share
information with local law enforcement, further entrenching their relationship.
And then there were the high-profile crime bills, first under Reagan and
then under Bill Clinton, which included provisions for getting tough on
noncitizens that received little public attention at the time but wound up
fueling the deportation machine. In addition to their infamously discriminatory
penalties for possession of crack cocaine, the Anti-Drug Abuse Acts of 1986 and
1988 stipulated that noncitizens convicted of an “aggravated felony,” including
“nearly all drug offenses,” were subject to deportation. A decade later, a pair
of laws signed by Clinton—the Antiterrorism and Effective Death Penalty Act and
the Illegal Immigration Reform and Immigrant Responsibility Act
(IIRIRA)—enlarged the pool of aggravated felonies, expanded the list of
deportable offenses to include certain misdemeanors, and rendered noncitizens
subject to deportation for offenses adjudicated years or even decades earlier.
Furthermore, the IIRIRA called for mandatory detention for a broad set of
immigration violations.
As with all laws, the reach and impact of these measures depended on
political will and institutional capacity. The federal government accrued more
of both by offering funding and other incentives for local and state
authorities to expand the carceral state. The Reagan administration initiated
the Cooperative Agreement Program, which granted local governments hundreds of
millions of dollars for jail construction in exchange for guarantees that the
federal government could use the space, including to detain migrants. The most
sweeping of Clinton’s crime bills, the Violent Crime Control and Law
Enforcement Act of 1994, institutionalized federal reimbursement for the cost
of local detainment through the State Criminal Alien Assistance Program, which
has always been rife with fraud and abuse. Programs established in the late
2000s gave both police and correctional authorities quick access to federal
biometric databases to check the immigration status not only of people already
held in custody but also those stopped for questioning or a minor traffic
violation—tools that made it easier both to deport migrants and to make a
dollar off doing so.
All the while, the criminal legal system and the immigration enforcement
system were knitted ever closer together. Especially significant has been the
IIRIRA’s 287(g) program permitting federal immigration authorities to deputize
police officers and sheriffs to carry out key functions, including
interrogating and arresting people suspected of violating immigration law.
Testifying to Congress in 2005, an ICE official told lawmakers the program
would target criminals, not the “landscaping type of individuals.” But around
half of arrests under the program begin with routine traffic stops. By
recruiting localities to be “the foot soldiers of immigration law enforcement”
through these and other measures, the federal government “enabled a diffusion
of political consequences and further obscured who held power over
immigration,” Nofil writes. The wide discretionary power granted to local law
enforcement fostered “a form of racialized social control.”
By the early twenty-first century, the United States was thus already in the
throes of what some have called a “crimmigration” or “immcarceration” crisis hiding in plain sight. When ICE was
created in 2003—part of the new Department of Homeland Security, established in
the wake of the September 11 attacks—it replaced the INS and effectively became
the largest law enforcement agency in the country. Prosecutions for
immigration-related offenses came to comprise more than half of the federal
prosecutorial caseload—up from about 10 to 20 percent during the preceding two
decades and far surpassing prosecutions for drug, white-collar, and other
offenses.
Yet this “crimmigration” crisis has rarely figured in growing attention to
the origins and ills of mass incarceration. Michelle Alexander’s book The New Jim
Crow (2010) helped thrust the latter phrase into popular
consciousness, but it made only passing reference to immigration. Four years
later, the National Academy of Sciences (NAS) released a landmark study on mass incarceration’s causes and
consequences. The United States had become the world’s warden, the report
stressed, locking up more of its people than nearly any other country. But the
NAS panel, which I served on, had surprisingly little to say about the role of immigration policy in fueling the carceral state—even as U.S. jails and prisons
were detaining record numbers of people on immigration-related charges and
migrant advocates were reviling Obama as the “deporter-in-chief.” The
government-reported average daily number of ICE detainees has skyrocketed from
around 21,000 in 2003 to 73,000 as of this writing in early 2026—the highest on
record. But these figures are surely gross undercounts: they do not include
people on holds or detainers in local jails and those held by the U.S. Marshals
Service, Federal Bureau of Prisons, state detention in Florida and Texas, and
secretive holding facilities in ICE offices.
To achieve this growth, the federal government has poured enormous amounts
of money into expanding detention capacity of its own. Since ICE’s creation,
the agency’s budget has increased nearly fivefold in inflation-adjusted
dollars. Between fiscal years 2024 and 2025 alone it tripled to $28.7 billion—about five times the budget of the NYPD and
three times that of the FBI—thanks to supplemental funding from the Big
Beautiful Bill that Trump signed last July. Much of this additional spending is
earmarked for recruiting thousands of new agents and expanding detention beds
to at least 100,000 in order to facilitate the administration’s goal of one
million deportations annually. Nofil poignantly reminds us that each so-called
detention bed represents “a life and a story, a set of circumstances that led a
person to leave their homeland for an unknown life in the United States.”
This expansion of federal capacity over the last two decades came with
shifts in the “immigration federalism” at the heart of Nofil’s narrative.
Federal officials have long responded to reports of abusive treatment of
migrants by scapegoating local authorities, portraying them as racist,
uneducated enforcers. No doubt, some of them were, and are. But the attacks
have also been part of a strategy: using publicity and lawsuits about abhorrent
conditions in local jails to muster support for constructing supposedly humane
alternatives under Washington’s direct control. As Nofil illustrates in
mournful detail, federal detention facilities have long been rife with abuses
themselves.
In a much-needed corrective to accounts that associate mass incarceration
primarily or solely with urban centers, Nofil shows that uproars over
conditions at facilities close to metro areas prompted “the weaponization of
remoteness.” In the last two decades of the twentieth century, federal
authorities began seeking out isolated communities for migrant detention,
whether in existing jails or newly constructed federal and privately run
facilities. Faced with unfavorable developments in one area—uprisings, hunger
strikes, lawsuits, high-profile suicides, congressional investigations, growing
political opposition, public scrutiny—the INS and now ICE have proven to be
masters at disappearing noncitizens (and sometimes citizens) to parts of the
country where the political and judicial landscape is more hospitable.
The result has been to build up the carceral heartland, especially in the
South and Southwest—states like Louisiana, Florida, Texas, and Arizona. Well
over 1,000 new jails, prisons, and detention centers have been constructed in
the United States over the last four decades, disproportionately in rural and
remote localities. Sociologist John Eason has documented how widely prisons were once stigmatized
throughout the country, even in rural areas, but that changed beginning in the
1970s. With economies in free fall, rural communities wracked by
deindustrialization and poverty started competing to become prison towns and
hubs for immigration detention. New facilities were no longer seen as a
“locally undesirable land use” akin to incinerators and dumps—in the wake of
economic devastation and political abandonment, they promised salvation.
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This transformation of the heartland cannot be understood solely in terms of
white communities profiting off the caging of people of color. On the contrary,
some rural areas with sizable Black and Latino populations welcomed new penal
facilities; in many cases, the economic turnaround promised by expanding
carceral capacity brought white, Black, and Latino residents together in areas
with a history of racial conflict. Nor did all predominantly white communities
go along. Nofil cites the example of Roswell, New Mexico, where a contractor
failed in its 1983 bid to construct what would have been the first sizable
private detention center in the country. One local observer presciently
remarked, “Think of the consequences. . . . what civil and human rights could
be violated without anyone even knowing it?” But on the whole, the expanding
carceral state became an increasingly rural phenomenon.
Two decades ago, with rates of street crime falling and state and local
governments facing enormous budgetary pressures, it appeared that the momentum
for locking up so many people in the United States might be ebbing. Bipartisan
talk of reform, even an air of optimism, came into vogue. And indeed,
incarceration rates started to level off and then dip slightly, not least
thanks to the growing strength of urban-based criminal justice reform movements
that pushed for reduced penalties, alternatives to incarceration, and ending
the war on drugs. But downward trends in aggregate rates don’t tell the whole story: while prison admissions have
plummeted for residents of big cities, admissions in many rural and smaller
metro areas have continued to rise. In the mid-2000s, residents of rural,
suburban, and urban areas had about an equal chance of being sent to prison; a decade later,
people in small counties were about 50 percent more likely to end up in prison
than people in larger urban areas. Since then rates have surged even further.
And as economic and political conditions have changed, so have the demographics
of the incarcerated. Interlocking systems of punishment, disadvantage, and
violence have increasingly spread beyond the hyperincarceration of Black men.
In short, the so-called “era of criminal justice reform” has bypassed much
of rural America. With social safety nets even more threadbare than those in
urban areas, rural communities lack vital services and programs to keep people
out of prison and jail. They also face acute shortages of prosecutors, judges,
and public defenders, struggling to provide even basic legal services. But one
thing that pockets of rural America do have is enormous carceral capacity and
potential. The impact of federal detention contracts on local revenues can be
substantial. Between 1980 and 1988, Nofil notes, the annual budget of the
sheriff’s office in Louisiana’s Avoyelles Parish more than septupled to $5.5
million as the politically ambitious sheriff of the poor rural town constructed
a sprawling migrant detention apparatus. By the end of the decade, his
department employed more than 400 deputies—enough “to start an army,” as one
resident put it. After state lawmakers approved modest measures to reduce
sentences in 2017, officials in another small town, Jackson Parish, faced a
bind: With declining revenues, how could they cover jail construction bonds and
avoid laying off guards? There and beyond, lucrative ICE contracts have proven
the answer.
The extraordinary expansion of the carceral and deportation apparatus has
had far-reaching consequences, including helping to propel the radical
rightward shift in U.S. politics. One way it has done so, journalist and lawyer
Jessica Pishko shows in The Highest Law in the Land, is by
bolstering the clout of powerful, shadowy, and unaccountable sheriffs with deep
ties to the far right and white power movement. While the militarization of
police departments—especially in major cities—has drawn ever more attention and
criticism over the last decade, sheriffs continue to operate with relatively
little scrutiny on the national stage. Pishko casts much-needed light on their
unique role in the carceral state, the growing political power they wield, and
the distinctive threat they pose to democracy.
The picture she paints begins with raw numbers. Employing about a quarter of
the country’s uniformed law enforcement officers, the roughly 3,000 sheriffs’
departments spread throughout the United States have many of the same functions
and duties as police departments and then some. Not only are sheriffs and their
deputies the primary arresting officers in wide swaths of the country,
especially rural areas; they also operate 85 percent of local jails, which hold
about a third of the U.S. incarcerated population. Many departments are
responsible for issuing permits and licenses for firearms as well as overseeing
evictions. Many have exploited the expanding carceral state to great financial
gain—including by brokering lucrative contracts to house citizens, noncitizens,
and migrants, skimping on food and other necessities in penal operations, and
taking kickbacks from telephone companies that charge incarcerated people
exorbitant rates to make calls. And it’s all profoundly racialized: some 90
percent of sheriffs, Pishko reports, are white men.
With economies in free fall, rural communities started competing to become
prison towns and hubs for immigration detention.
Moreover, the system enjoys an unusual degree of autonomy and impunity
within the U.S. political order. Unlike police chiefs and state troopers,
sheriffs are elected officials who do not report to mayors, city councils, or
governors. In much of the country, no one clearly has the power to arrest or
remove them from office, even in grievous cases where they have been accused of
serious crimes. Over half of all sheriffs’ elections are uncontested, and
incumbents virtually always win reelection; it is not uncommon for sheriffs to
hold office for forty or even fifty years. One of the most
infamous figures in contemporary anti-immigrant politics, Joe Arpaio,
served as sheriff of Maricopa County in Arizona for almost a quarter-century
before finally losing to a Democratic challenger in 2017. Styling himself as
“America’s Toughest Sheriff,” Arpaio faced numerous misconduct charges and
civil rights lawsuits over the course of his career and became a vocal
supporter of Trump after leaving office. The president pardoned him in 2017 for contempt of federal court after a
judge ordered Arpaio to stop detaining people solely on suspicion of being
undocumented and the sheriff kept doing so, even bragging to PBS NewsHour: “I’m
still going to do what I’m doing.”
Arpaio is hardly an isolated exception. Pishko illuminates the stakes and
scale of sheriffs’ power by chronicling the rise of the Constitutional Sheriffs
and Peace Officers Association (CSPOA). Founded in 2011 by Richard Mack,
another onetime sheriff in Arizona, the organization portrays sheriffs as
bulwarks against tyranny, stewards of the Constitution, and the embodiment of
public will. As such, CSPOA claims, sheriffs have the right and authority to
resist laws and policies that violate the Constitution as they interpret
it—from gun restrictions to mask mandates and abortion rights.
Although only a minority of sheriffs belong to Mack’s organization, the
group has played an outsize role in mainstreaming far-right ideas. Under
Reagan, the main professional organization for sheriffs, the National Sheriffs’
Association (NSA), supported modest gun control measures; now it is more or
less totally aligned with the hard-line stance of the National Rifle
Association, which named Mack its officer of the year in 1994. Three-quarters
of New Mexico’s sheriffs identify their counties as “Second Amendment
sanctuaries,” Pishko notes—areas where state and federal gun control laws are
not enforced. Though the NSA has disavowed Mack’s claims in the past, “it has
not made an official statement about the constitutional sheriff movement in
over a decade,” Pishko stresses. Sheriffs have also been key messengers in
raising public doubts about the integrity of U.S. elections even as they
trumpet their own elected status as a token of political legitimacy. They were
central figures in the “Stop the Steal” campaign to overturn the results of the
2020 election, and they have been at the forefront of growing efforts to
intimidate get-out-the-vote groups and interfere in election administration,
asserting a dubious constitutional right to deputize private citizens to assist
in allegations of voter fraud.
The legacy of the Jim Crow South thus in many ways endures. In still further
echoes of that period, Pishko recounts chilling examples of sheriffs working
hand-in-hand with right-wing militias, just as sheriffs in the South often
allied with the Ku Klux Klan. Mack himself has been a board member of the Oath
Keepers, a far-right extremist organization whose founder was convicted of
seditious conspiracy for his role in the January 6 attacks on the U.S. Capitol.
(Trump commuted his eighteen-year sentence last year.) During the national wave
of protests following the murder of George Floyd by Minneapolis police officer
Derek Chauvin in May 2020, armed militias throughout the country organized
counterprotests with the explicit or tacit support of sheriffs. Pishko relates
a particularly disturbing incident in which one department failed to intervene
as militia members swarmed a group of Black Lives Matter activists marching in
the small town of Minden, Nevada, in August that year. Officers stood aside
while six hundred or more militia members and their supporters, many heavily
armed, threatened, spat upon, and assaulted protesters; one man appeared to
intentionally target demonstrators when he drove his pickup truck into them,
striking two teenage girls.
In all this, The Highest Law in the Land masterfully excavates how
sheriffs have fomented political violence, especially in areas far from the
national spotlight. It also documents the gruesome and inhumane conditions
endemic to local jails that sheriffs preside over. But there is even more that
could be said to substantiate the antidemocratic threat posed by sheriffs’
departments and local police alike—namely, through the quotidian violence of
everyday law enforcement itself. U.S. rates of lethal use of force dwarf those
in every other wealthy democracy, yet geographic disparities are not widely
appreciated. Part of the reason is the “fetish of secrecy” that shrouds
policing in the United States, as legal scholar Barry Friedman has put it.
Reliable figures aren’t collected and maintained by the government, and even
data and records that do exist are hard to access. But according to the best available estimates, about three-quarters of police
killings of civilians took place in rural and suburban areas last year, and
sheriffs’ departments are responsible for a disproportionate and growing
share—more than a third as of year-end.
What is to be done? In The Minneapolis Reckoning, sociologist
Michelle S. Phelps convincingly demonstrates that stemming police violence is
highly dependent on grasping and navigating the nuances of local politics. She
makes this case through a granular case study of efforts to reform the
Minneapolis Police Department (MPD) between 2017 and 2023—the years leading up
to and following Floyd’s death and the mobilization of millions of protesters
across the country calling for change. As the city once again reckons with
explosive state violence and repression following the killing of unarmed
civilians, Phelps’s book provides tragically timely insight into the obstacles
facing renewed calls to defund the police and rein in the carceral-deportation
complex more broadly.
In the aftermath of Floyd’s killing—and in the shadow of years, even
decades, of activism to reform policing in the city—the Minneapolis City
Council unanimously approved a ballot initiative aimed at amending the city’s
charter so as to replace a section on the MPD with new text calling for the
creation of a Department of Community Safety and Violence Prevention. The key
difference was that the language for the former required funding a minimum
number of cops per capita, whereas the latter would permit but not require
police officers. While the immediate practical significance of the change may
have been vague, it hardly amounted in itself to defunding or abolishing the
police, but many opponents and proponents of the measure characterized it as
such. In the end, a legally prescribed commission for reviewing all proposed
amendments originating with the city council voted to keep the proposal off the
2020 ballot. Thanks to a citizen-led initiative, the proposal did appear on the
ballot a year later, but it was defeated in a highly contentious election in
which Mayor Jacob Frey, who opposed the measure, was reelected.
For a variety of reasons, Phelps shows, the MPD and its allies succeeded in
pitting concerns about police violence against concerns about community
violence. The department was facing a legitimacy crisis as officers left in
droves, morale sank, community ties were strained to the breaking point, and
the Department of Justice opened an investigation into the city’s long and
troubling pattern of running roughshod over civil and constitutional rights.
Meanwhile a steep spike in homicides beginning in 2020, fueled by the turbulent
social disruption of COVID-19, divided potential allies for comprehensive
reform. Medaria Arradondo, the department’s first Black chief, told a youth
task force in July 2021, “The biggest threat to public safety in our city,
specifically the African American community” was not the police. “We have an
epidemic right now of unequivocal gun violence, particularly in our African
American communities, and that must stop.” In the end, such opposition, in
these conditions, helped law enforcement reclaim the mantle of public safety
heroism. But although efforts to overhaul policing in Minneapolis ultimately
failed, they loosened the MPD’s “stranglehold on city politics—opening up more
space for radical imagination,” Phelps concludes.
One resident presciently remarked, “Think of the consequences. . . . what
civil and human rights could be violated without anyone even knowing it?”
In Copaganda, civil rights attorney Alec Karakatsanis further
illuminates what the radical imagination is up against, mapping the “gulf
between the image and the reality of the punishment bureaucracy” and the
powerful institutions that “influence how we think about crime and safety.” His
principal targets aren’t Fox News and the New York Post—brash champions of law
enforcement—so much as legacy print and TV media (the New York
Times, Washington Post, and NPR as much as MSNBC, CNN, and ABC
News) and local news organizations (where they still exist). Under the guise of
neutrality, he persuasively argues, these pillars of mainstream journalism
produce stories, sometimes based on the work of criminologists at top
universities and often in close collaboration with law enforcement agencies
themselves, that effectively function as propaganda. The effect is to conceal
the staggering scale of abuse in the system, manufacture consent for an
ever-expanding carceral state, and inoculate police and the broader criminal legal
system from comprehensive reform and democratic control.
Such “copaganda” can take many forms, Karakatsanis explains. It stokes
public fears of crime by misrepresenting crime trends and minimizing or
ignoring violence committed by law enforcement and prison guards. It covers
street and violent crime in wild disproportion both to its actual frequency and
to white-collar crime and corporate malfeasance. It promotes more police and
prisons as solutions to crime panics even though a mountain of evidence
undermines the idea that expanding the carceral apparatus enhances public
safety. And it denigrates or marginalizes efforts to attack the root causes of
crime, from greater investment in public education to affordable housing, a
robust safety net, and universal health care.
In addition to the dissemination of copaganda through news media,
Karakatsanis also documents the growing capacity of law enforcement to shape
public opinion through their own booming public relations operations. While the
Chicago
Tribune was hemorrhaging jobs over the last decade, the PR arm of
the Chicago Police Department mushroomed from six full-time employees in 2015
to fifty-five as of last year, Karakatsanis reports. All the while, police and
law enforcement organizations have become increasingly sophisticated about
managing their image—from ghostwriting op-eds and testing messages on focus
groups to generously funding sympathetic academics, publishing slick PR videos
on social media, and more.
For Karakatsanis, one of the most egregious effects of copaganda has been to
misrepresent small-bore changes in police policy as transformative reforms of
the system. In reality, he documents, many of the most widely discussed or even
celebrated proposals, from body cameras to calls for greater training, not only
do not rein in the policing apparatus but often help expand it. What’s more,
after the seemingly reasonable reform du jour fails to stem state violence or
abuse of power, the public conversation in mainstream media and newsrooms moves
on to another modest proposal, continuing to paint calls for more thoroughgoing
change as unreasonable and dangerous radicalism. It is easier for academics,
journalists, and other opinion makers to get attention, Karakatsanis writes,
“if they can propose some novel tweak that people in power want as opposed to
harping about structural inequality for the umpteenth time.” The “hamster wheel
of tweaks” we are trapped on, he concludes, “not only distracts people from thinking
about root causes” of crime. It perpetuates the misguided search for “the new
idea that will change things without having to change things.”
Will resurgent demands to abolish ICE—the rallying cry that first achieved
national prominence during Trump’s first term—ultimately meet the same fate
that efforts to reform the police did in Minneapolis and around the country? As
prominent Democrats call for more training for immigration officers and DHS
Secretary Kristi Noem now advocates equipping federal officers with body
cameras, another iteration of the cycle that Karakatsanis identifies looks to
be in the offing. Together, The Minneapolis Reckoning and Copaganda
suggest the outcome of democratic movements for change is highly sensitive to
both the complex interplay of public demands and existing institutions in
particular contexts and the news and narratives conveyed by the media.
But the brutality of Trump’s war on
immigrants and protesters—along with the massive and growing scale of public
outrage and resistance—may be radically changing whatever calculus seemed set
in stone even just a few weeks ago. The current federal assault on Minneapolis
threatens to rupture the delicate rebuilding of the MPD and the fragile détente
forged between the police, residents, and the city’s political leadership in
the years since Floyd’s death. Mayor Frey, reelected once again last November,
has enjoined ICE to “get the fuck out of” Minneapolis; he has also stated that
he opposes abolishing the agency. This much we can say: achieving meaningful
reform is sure to entail one battle after another for the foreseeable future in
which public pressure, broad-based coalitions, and clear-eyed analysis of the
forces at play are essential to rolling back this wide-scale state violence and
abuse.
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Marie
Gottschalk is Edmund J. Kahn Distinguished Professor of Political
Science at the University of Pennsylvania. Her books include Caught: The
Prison State and the Lockdown of American Politics, and, most
recently, Crime and No Punishment: Wealth, Power, and Violence in America.
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