Hardline migration policy pushes ICE towards violence – could it happen here?
Current affairs image: Chad Davis on Wikimedia Commons
An ICE agent fatally shot Renee Good in Minneapolis on 7 January, igniting nationwide fury over escalating federal violence. Could such an incident occur in the Netherlands?
President Trump sent immigration agency ICE to the city of Minneapolis to deport people who have no valid residence papers. ICE is a police department of the United States federal government. Authority over ICE lies with the president – not with the local officials such as the mayor or governor.
Trump is not the only one pursuing a hardline migration policy; in the Netherlands, too, voices are calling for a tougher stance on migration. Could the Netherlands follow the American model? Or are these types of action a symptom of the American political landscape? We put these questions to Maartje van der Woude, Professor of Law and Society and an expert on border control in the Netherlands and the EU, and Tim van Lit, currently completing his dissertation on the use of force by the Royal Netherlands Marechaussee.
Comparison with the United States
Van der Woude does not believe that what we are seeing in the US will blow over to the Netherlands soon: 'The risk isn’t so much that the Netherlands will copy the US’s aggressive tactics, but that boundaries will gradually be stretched: more powers for the police, and less attention to proportionality and the legitimacy of policy decisions and enforcement practices.'
It is important to note here that ICE is organised according to a uniquely American model. 'In the US, federal agencies such as ICE operate within a heavily militarised enforcement model, with extensive powers and limited external oversight', says Van der Woude.
She sees the role of ICE as strongly linked to the political landscape in the US: 'Migration has long been approached as a security problem there, providing grounds for the large-scale deployment of an independent organisation such as ICE.'
Border Police in the Netherlands
In the Netherlands, the monitoring of people who have no valid residence papers is conducted by the National Police. The Royal Netherlands Marechaussee performs this task in the border regions and at airports. Since the Royal Netherlands Marechaussee is a police service that falls directly under the government (the ministries of Defence, Justice and Security, and Asylum and Migration), it is most similar to ICE.
The Royal Netherlands Marechaussee thus plays an important role in implementing policy on migration and border control. Van Lit: 'This role has also become more visible in the past year because of the border controls introduced by the outgoing Schoof cabinet. These checks aim to reduce human smuggling and cross-border crime, as well as stopping people entering the Netherlands without valid residence documents.'
Van der Woude: 'What we’re seeing here is that political choices affect the daily practice of monitoring and checks. Stepping up border controls under political pressure is never "neutral".' She adds that deploying military personnel creates tension. Military organisations must obey orders, even when choices are politically motivated or controversial.
Use of violence
In the United States, ICE is increasingly using force during its operations. Dutch border guards (Marechaussee) are also allowed to use force under strict conditions. Van Lit: 'That’s only allowed when there’s no other option, and it must always be done in the least invasive way possible. This is no different from the National Police. My research shows that although the Royal Marechaussee is increasingly reporting that violence has taken place, it rarely uses force too quickly or too severely.'
Investigation and consequences
The death of Renee Good is seen by many as an example of disproportionate violence by law enforcement officers. It is claimed that the ICE officer in question had not complied with the regulations and was not properly trained. The incident is now being investigated by the FBI.
There are also consequences if disproportionate violence is used in the Netherlands. If people here suffer injuries from the use of firearms by military police, the National Police Internal Investigations Department will launch an investigation. Van Lit: 'In 2016, for example, a marechaussee officer shot at a vehicle that drove off during a roadside check. According to the court, although it was attempted manslaughter by the officer in question, the use of firearms during the arrest did not go beyond what was permitted. The court ruled that the person had indeed committed a criminal offence, but that they were not liable due to the circumstances and no sentence was imposed.'
The bigger picture
Van der Woude: ‘We must not lose sight of the fact that the use of force is not unrelated to the context in which it occurs. Political and societal narratives influence how law enforcement officers assess a situation. When migration is framed solely as a security problem, violence against alleged migrants or those who support them is more likely to be deemed justifiable.'
Amid mounting pressure on defence, the recruitment and training of military personnel, including the Marechaussee, will intensify. In the current social climate, these enforcement officers will find themselves in complex and sensitive situations that call for de-escalation. 'That’s precisely why clear rules, proper training and supervision are indispensable.'
Image: Chad Davis on Wikimedia Commons