The use of Pokémon characters in a new video campaign by the US Department of Homeland Security (DHS) has elicited strong backlash, especially from Nintendo, the company that owns the Pokémon franchise. The campaign, which targets immigrants, features footage of arrests alongside mocked-up trading cards depicting detainees accused of crimes. The caption “Gotta Catch ’Em All,” borrowed from the popular Pokémon theme song, accompanies the visuals.
Nintendo has stated that it did not authorize the use of its intellectual property in this campaign. In a formal statement, the company emphasized, “Our company, the original copyright holder, our subsidiaries, and other related companies are not involved in the creation or posting of the video. We have not granted permission for the use of any intellectual property managed by our company.”
When approached for comment about the campaign’s use of Pokémon, a DHS spokesperson opted not to address the concerns directly. Instead, the spokesperson provided a playful twist on the original theme song: “To arrest them is our real test. To deport them is our cause.” This further fueled the controversy surrounding the campaign, which has gained significant online traction, amassing over 1.5 million shares on TikTok and nearly 74 million views on X.
Legal and Ethical Concerns Arise
Critics have labeled the DHS campaign as demeaning and potentially infringing on copyright laws. Tokyo-based attorney Sakon Kuramoto indicated that the unauthorized use of Pokémon characters could lead to legal actions such as takedown notices or injunctions. Despite these concerns, former Pokémon chief legal officer Don McGowan suggested that a lawsuit is unlikely due to the potential repercussions of antagonizing the US government.
This copyright dispute unfolds against the backdrop of a broader crackdown on illegal immigration under the administration of President Donald Trump. The president has previously promised “the largest deportation program of criminals in the history of America.” White House adviser Stephen Miller has noted a goal of a minimum of 3,000 ICE arrests daily, although the administration has denied any official quota exists.
The aggressive enforcement has led to legal residents being mistakenly detained. Earlier this month, three Japanese nationals were among 475 individuals detained at a Hyundai-linked battery plant in Georgia. They were held for a week before being released and returned to Japan. In response to these detentions, South Korea has announced plans to review potential human rights abuses related to the immigration enforcement actions.
As the DHS continues its campaign, the intersection of popular culture, immigration policy, and copyright law raises significant questions about the ethical implications of using beloved characters in a context that many find offensive. The ongoing legal and ethical discourse surrounding this issue is likely to continue as both public opinion and legal interpretations evolve.
