{"id":133793,"date":"2025-09-24T12:00:38","date_gmt":"2025-09-24T20:00:38","guid":{"rendered":"https:\/\/xira.com\/p\/2025\/09\/24\/gotta-deport-em-all-how-should-nintendo-respond-to-immigrant-hunting-social-media-post-from-dhs\/"},"modified":"2025-09-24T12:00:38","modified_gmt":"2025-09-24T20:00:38","slug":"gotta-deport-em-all-how-should-nintendo-respond-to-immigrant-hunting-social-media-post-from-dhs","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2025\/09\/24\/gotta-deport-em-all-how-should-nintendo-respond-to-immigrant-hunting-social-media-post-from-dhs\/","title":{"rendered":"Gotta Deport \u2018Em All? How Should Nintendo Respond To Immigrant-Hunting Social Media Post From DHS?"},"content":{"rendered":"
\"\"
<\/figcaption><\/figure>\n

Last Monday, the Department of Homeland Security (DHS) posted a one-minute video on X (formerly Twitter) and other social media platforms, splicing together clips from the Pok\u00e9mon anime intro with footage of border patrol agents arresting individuals, all set to the first season\u2019s theme song.<\/p>\n

The post\u2019s caption was the famous tagline \u201cGotta Catch \u2018Em All!\u201d At the video\u2019s end, it displayed Pok\u00e9mon cards featuring photos of convicted criminals facing potential deportation.<\/p>\n

The U.S. Customs and Border Protection (CBP) account replied, announcing Pikachu as its newest recruit.<\/p>\n

\n
\n
\n

Border Patrol\u2019s newest recruit. pic.twitter.com\/KjGhBdsq7X<\/a><\/p>\n

\u2014 CBP (@CBP) September 23, 2025<\/a><\/p><\/blockquote>\n<\/div>\n<\/figure>\n

The post quickly went viral, amassing over 63.7 million views on X alone, along with more than 175,000 likes and 15,000 replies.<\/p>\n

Reactions were sharply divided: some users found it hilarious and praised its creativity, while others condemned it as dehumanizing and inappropriate, especially for using a children\u2019s franchise to promote immigration enforcement.<\/p>\n

Commenters from both sides speculated on how Nintendo would respond, given the company\u2019s reputation for aggressively enforcing its intellectual property rights \u2014 evidenced by actions like issuing DMCA takedowns<\/a> against over 8,500 GitHub repositories for the Yuzu emulator in 2024 and targeting hundreds of fan games on platforms like Game Jolt<\/a> in multiple waves since 2016. As of now, Nintendo and The Pok\u00e9mon Company have not issued any public statement on the matter, despite requests for comment from media outlets. However, Nintendo has at least three viable options.<\/p>\n

The first is to do nothing, allowing the post to fade from public attention as the DHS shifts to other content. This approach aligns with the company\u2019s low-profile strategy on publicity.<\/p>\n

The second option is to file a formal copyright complaint with social media companies like X, requesting the post\u2019s removal. While rights holders can submit these directly, a surge of user reports can also prompt action. Given Nintendo\u2019s history, this could be effective without escalating to litigation.<\/p>\n

The third option is to sue the federal government for copyright infringement. The U.S. government has waived sovereign immunity for patent and copyright claims under statutes like 28 U.S.C. \u00a7 1498. However, limitations apply: the case must be filed in the U.S. Court of Federal Claims (which lacks jury trials), and if a government contractor is involved, they may have immunity, redirecting the suit to the government itself.<\/p>\n

So, what should Nintendo do? Don McGowan, former chief legal officer for The Pok\u00e9mon Company, argued for inaction in a statement to IGN<\/a>: <\/p>\n

\n

\u201cI don\u2019t see them doing anything about this for a few reasons. First, think of how little you see [The Pok\u00e9mon Company International]\u2019s name in the press. They are INSANELY publicity-shy and prefer to let the brand be the brand. Second, many of their execs in the USA are on green cards. Even if I was still at the company I wouldn\u2019t touch this, and I\u2019m the most trigger-happy CLO I\u2019ve ever met. This will blow over in a couple of days and they\u2019ll be happy to let it.\u201d<\/em><\/p>\n<\/blockquote>\n

While doing nothing might seem straightforward, it risks alienating fans who view it as tacit endorsement of the Trump administration\u2019s policies, potentially leading to backlash. Moreover, the post\u2019s massive virality could encourage DHS to produce more Pok\u00e9mon-themed content.<\/p>\n

Conversely, suing the government would likely exacerbate the situation. Litigation is typically slow, costly, and could draw unwanted negative publicity to Nintendo.<\/p>\n

Filing a copyright complaint with social media platforms appears the most balanced approach. The post\u2019s high visibility might prompt swift moderator action. There are precedents<\/a> of DHS posts incorporating others\u2019 IP being removed, though it\u2019s often unclear if this was voluntary or enforced.<\/p>\n

In deciding, Nintendo must weigh its customer base\u2019s reactions amid ongoing gaming culture wars. Vocal factions include progressive \u201cwoke\u201d advocates and anti-\u201cwoke\u201d critics chanting \u201cgo woke, go broke.\u201d Offending either could spark boycott calls, though these groups often represent a minority. The silent majority tends to prioritize gameplay over politics.<\/p>\n

Still, political messaging has partially contributed to financial flops, such as Sony\u2019s Concord \u2014 a hero shooter with an estimated development budget of between $200 million and $400 million. It sold only about 25,000 units across PS5 and PC before being pulled offline just two weeks after its August 2024 launch due to poor sales and reviews.<\/p>\n

Pok\u00e9mon remains the world\u2019s highest-grossing media franchise, with cumulative revenue exceeding $113.7 billion as of 2025, driven by games, cards, merchandise, and more. It\u2019s highly unlikely Nintendo would permit DHS to use Pikachu as a mascot or equate Pok\u00e9mon with convicted criminals. To preserve this brand\u2019s immense value, Nintendo must respond \u2014 or not \u2014 strategically, even if it means tuning out the loudest voices.<\/p>\n

\n

Steven Chung is a tax attorney in Los Angeles, California. He helps people with basic tax planning and resolve tax disputes. He is also sympathetic to people with large student loans. He can be reached via email at <\/em><\/strong>stevenchungatl@gmail.com<\/em><\/strong><\/a>. Or you can connect with him on Twitter (<\/em><\/strong>@stevenchung<\/em><\/strong><\/a>) and connect with him on\u00a0<\/em><\/strong>LinkedIn<\/em><\/strong><\/a>.<\/em><\/strong><\/p>\n

The post Gotta Deport \u2018Em All? How Should Nintendo Respond To Immigrant-Hunting Social Media Post From DHS?<\/a> appeared first on Above the Law<\/a>.<\/p>\n

\"\"
<\/figcaption><\/figure>\n

Last Monday, the Department of Homeland Security (DHS) posted a one-minute video on X (formerly Twitter) and other social media platforms, splicing together clips from the Pok\u00e9mon anime intro with footage of border patrol agents arresting individuals, all set to the first season\u2019s theme song.<\/p>\n

The post\u2019s caption was the famous tagline \u201cGotta Catch \u2018Em All!\u201d At the video\u2019s end, it displayed Pok\u00e9mon cards featuring photos of convicted criminals facing potential deportation.<\/p>\n

The U.S. Customs and Border Protection (CBP) account replied, announcing Pikachu as its newest recruit.<\/p>\n

\n
\n
\n

Border Patrol\u2019s newest recruit. pic.twitter.com\/KjGhBdsq7X<\/a><\/p>\n

\u2014 CBP (@CBP) September 23, 2025<\/a><\/p><\/blockquote>\n<\/div>\n<\/figure>\n

The post quickly went viral, amassing over 63.7 million views on X alone, along with more than 175,000 likes and 15,000 replies.<\/p>\n

Reactions were sharply divided: some users found it hilarious and praised its creativity, while others condemned it as dehumanizing and inappropriate, especially for using a children\u2019s franchise to promote immigration enforcement.<\/p>\n

Commenters from both sides speculated on how Nintendo would respond, given the company\u2019s reputation for aggressively enforcing its intellectual property rights \u2014 evidenced by actions like issuing DMCA takedowns<\/a> against over 8,500 GitHub repositories for the Yuzu emulator in 2024 and targeting hundreds of fan games on platforms like Game Jolt<\/a> in multiple waves since 2016. As of now, Nintendo and The Pok\u00e9mon Company have not issued any public statement on the matter, despite requests for comment from media outlets. However, Nintendo has at least three viable options.<\/p>\n

The first is to do nothing, allowing the post to fade from public attention as the DHS shifts to other content. This approach aligns with the company\u2019s low-profile strategy on publicity.<\/p>\n

The second option is to file a formal copyright complaint with social media companies like X, requesting the post\u2019s removal. While rights holders can submit these directly, a surge of user reports can also prompt action. Given Nintendo\u2019s history, this could be effective without escalating to litigation.<\/p>\n

The third option is to sue the federal government for copyright infringement. The U.S. government has waived sovereign immunity for patent and copyright claims under statutes like 28 U.S.C. \u00a7 1498. However, limitations apply: the case must be filed in the U.S. Court of Federal Claims (which lacks jury trials), and if a government contractor is involved, they may have immunity, redirecting the suit to the government itself.<\/p>\n

So, what should Nintendo do? Don McGowan, former chief legal officer for The Pok\u00e9mon Company, argued for inaction in a statement to IGN<\/a>: <\/p>\n

\n

\u201cI don\u2019t see them doing anything about this for a few reasons. First, think of how little you see [The Pok\u00e9mon Company International]\u2019s name in the press. They are INSANELY publicity-shy and prefer to let the brand be the brand. Second, many of their execs in the USA are on green cards. Even if I was still at the company I wouldn\u2019t touch this, and I\u2019m the most trigger-happy CLO I\u2019ve ever met. This will blow over in a couple of days and they\u2019ll be happy to let it.\u201d<\/em><\/p>\n<\/blockquote>\n

While doing nothing might seem straightforward, it risks alienating fans who view it as tacit endorsement of the Trump administration\u2019s policies, potentially leading to backlash. Moreover, the post\u2019s massive virality could encourage DHS to produce more Pok\u00e9mon-themed content.<\/p>\n

Conversely, suing the government would likely exacerbate the situation. Litigation is typically slow, costly, and could draw unwanted negative publicity to Nintendo.<\/p>\n

Filing a copyright complaint with social media platforms appears the most balanced approach. The post\u2019s high visibility might prompt swift moderator action. There are precedents<\/a> of DHS posts incorporating others\u2019 IP being removed, though it\u2019s often unclear if this was voluntary or enforced.<\/p>\n

In deciding, Nintendo must weigh its customer base\u2019s reactions amid ongoing gaming culture wars. Vocal factions include progressive \u201cwoke\u201d advocates and anti-\u201cwoke\u201d critics chanting \u201cgo woke, go broke.\u201d Offending either could spark boycott calls, though these groups often represent a minority. The silent majority tends to prioritize gameplay over politics.<\/p>\n

Still, political messaging has partially contributed to financial flops, such as Sony\u2019s Concord \u2014 a hero shooter with an estimated development budget of between $200 million and $400 million. It sold only about 25,000 units across PS5 and PC before being pulled offline just two weeks after its August 2024 launch due to poor sales and reviews.<\/p>\n

Pok\u00e9mon remains the world\u2019s highest-grossing media franchise, with cumulative revenue exceeding $113.7 billion as of 2025, driven by games, cards, merchandise, and more. It\u2019s highly unlikely Nintendo would permit DHS to use Pikachu as a mascot or equate Pok\u00e9mon with convicted criminals. To preserve this brand\u2019s immense value, Nintendo must respond \u2014 or not \u2014 strategically, even if it means tuning out the loudest voices.<\/p>\n

\n

Steven Chung is a tax attorney in Los Angeles, California. He helps people with basic tax planning and resolve tax disputes. He is also sympathetic to people with large student loans. He can be reached via email at <\/em><\/strong>stevenchungatl@gmail.com<\/em><\/strong><\/a>. Or you can connect with him on Twitter (<\/em><\/strong>@stevenchung<\/em><\/strong><\/a>) and connect with him on\u00a0<\/em><\/strong>LinkedIn<\/em><\/strong><\/a>.<\/em><\/strong><\/p>\n

The post Gotta Deport \u2018Em All? How Should Nintendo Respond To Immigrant-Hunting Social Media Post From DHS?<\/a> appeared first on Above the Law<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

Last Monday, the Department of Homeland Security (DHS) posted a one-minute video on X (formerly Twitter) and other social media platforms, splicing together clips from the Pok\u00e9mon anime intro with footage of border patrol agents arresting individuals, all set to the first season\u2019s theme song. The post\u2019s caption was the famous tagline \u201cGotta Catch \u2018Em […]<\/p>\n","protected":false},"author":3,"featured_media":133794,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-133793","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/xira.com\/p\/wp-content\/uploads\/2025\/09\/Pikachu-Congress-8F9XAJ.jpg?fit=393%2C336&ssl=1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/133793","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=133793"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/133793\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/133794"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=133793"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=133793"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=133793"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}