The Looming Question of ICE: Abolition as a Litmus Test for a Post-Trump Era
The future of U.S. immigration enforcement hangs in the balance, with a growing chorus demanding the complete dismantling of Immigration and Customs Enforcement (ICE) as a crucial test for any incoming Democratic administration. This January 9, 2026, analysis, drawn from Elie Mystal’s newsletter “Elie v. U.S.,” delves into the arguments for ICE’s abolition, the political obstacles standing in the way, and the broader implications for the rule of law in America.
Every authoritarian regime, throughout history, has relied on a force operating outside legal constraints to enforce the will of those in power. From Caesar’s Praetorian Guard to Duvalier’s Tonton Macoutes and Hitler’s Gestapo, the pattern is consistent. As Mystal argues, Donald Trump’s ICE functions as a modern iteration of this dangerous model – a “paramilitary organization” empowered to “harass citizens, brutalize opposition, and murder people who get in their way.” This agency, he contends, operates with impunity, fostering a climate of fear and demonstrating a blatant disregard for accountability.
The historical record reveals a troubling truth: these paramilitary forces do not simply vanish when the regimes they serve are overthrown. They adapt, aligning themselves with new power structures and remaining a potent tool for those seeking to consolidate control. “The next guy in office tends to want to keep them around anyway, because having a terrorist apparatus able to operate outside the law is something that leaders of nations consistently find useful,” Mystal observes.
Dismantling such an organization requires sustained public pressure and a refusal to support politicians who seek only to “fund” or “control” it. ICE, therefore, represents a critical “litmus test” for any incoming post-Trump administration. Mystal is blunt: Democrats are unlikely to take decisive action, traditionally fearing accusations of being “weak” on immigration. He asserts that meaningful change will only occur if the public forces their hand.
This sentiment is reflected in Mystal’s own evolving political priorities. Previously focused on Supreme Court expansion, he now declares, “Abolish ICE, or GTFO of my primary.”
Beyond the immediate issue of ICE, Mystal’s newsletter touches on a range of troubling developments. He describes the arraignment of kidnapped Venezuelan president Nicolas Maduro as “one of the most pathetic days” he’s witnessed in a US court, highlighting the potential for abuse of power. He also notes with alarm that Stephen Miller, a key architect of Trump’s immigration policies, is now setting his sights on Greenland, potentially destabilizing NATO. Furthermore, he condemns Secretary of War Crimes Pete Hegseth’s attempt to demote Senator Mark Kelly for advocating against war crimes within the military.
Mystal praises Judge Hannah Dugan, who resigned after being convicted for obstructing an ICE arrest in her courthouse, calling her “a hero.” He also offers a scathing critique of Chief Justice John Roberts’s year-end report on the judiciary, characterizing it as a denial of reality, comparing Roberts to Kevin Bacon’s character in Animal House shouting “All is well” amidst chaos.
The newsletter also highlights inspiring, yet concerning, developments. Harvard University’s response to the conflict in Gaza is criticized for failing to defend academic freedom for those opposing the genocide. Mystal also points to the work of Gregg Gonsalves at The Nation, which details the university’s capitulation. He commends Nick Juravich’s exploration of the “bleak history of the American work ethic” and Radley Balko’s interview with fired immigration judge George Pappas, who stated, “the law has failed us,” and “the courts are dead.”
A particularly sharp critique is reserved for George Conway, who Mystal argues embodies the worst aspects of the current Democratic Party. While acknowledging Conway’s opposition to Trump, Mystal dismisses him as a “television personality” focused on restoring the pre-Trump status quo rather than enacting fundamental change. He points to Conway’s long association with the Federalist Society and his lack of objection to conservative judicial appointments as evidence of his limited commitment to progressive values. “Conway is good on TV. He should stay there,” Mystal concludes.
Mystal shares a personal reflection on witnessing an ICE execution, stating he then wrote about that as well. He draws a parallel to The Lord of the Rings, identifying with the character of Merry Brandybuck, who simply sought to help his friends and community. This leads him to a New Year’s resolution: “I’m a hobbit, and I know I can’t save Middle-Earth. I just want to help my friends.”
Ultimately, Mystal’s newsletter serves as a powerful call to action, urging readers to demand more from their elected officials and to recognize the urgent need to dismantle ICE. The question is no longer simply about immigration policy, but about the very soul of American democracy.
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