ICE and the FDA are sister organizations, existing on the same plane, born of the same philosopher-king father and nanny-state mother. Both agencies were brought into existence on the same principle, to serve the same end: to stand between the individual and a class of things the individual might value, on grounds that only the government can properly judge whether the thing is good or harmful for the individual. Both agencies employ the same means. Through both organizations the government is to be the tester, the judge, the maker of standards, the sole decider as to the acceptability and appropriateness of the thing in question.
ICE stands between the individual and the immigrant, on behalf of the collective. The FDA stands between the individual and a drug or food, on behalf of the collective. The value to the individual of the thing in question can only be of secondary importance to the safety and welfare of the collective — and it is the collective that should decide what the individual may interact with and what he may not. The object in question is held as guilty until proven innocent, deemed unacceptable and illegal until tested, vetted, and shunted through the line of the government’s screens and the bureaucrats’ in-boxes, to be stamped as safe and acceptable, perhaps, but only as weighed against arbitrarily set governmental standards, and only after the arbitrarily established process has been exhausted. If individuals suffer or die in the meantime, this is of secondary concern to the safety and “good” of the collective.
This is preventative regulation, and it stands in stark contrast to rights-protective law. Preventative regulation violates the individual’s right to use his own mind as the sole judge of what is good for him and what is not. Proper rights-protective law goes after rights violators and rights violators only – and strictly contingent on objective evidence. Where there is objective evidence that a country, organization, or individual has violated the citizen’s individual rights or is threatening to violate the citizen’s rights, it is the proper role of government to act on the individual’s behalf against the threat.
Properly, government does not deem a medicine as dangerous until proven safe. It does not deem a surgeon born in India as dangerous until proven safe. It does not deem a field worker born in Mexico as dangerous until proven safe. It does not deem a friend, a lover, a fiancée, a spouse, an au pair, a student, an employee, or a potential business partner born elsewhere as dangerous until proven safe. It does not come between the individual and the product or person the individual has decided, by his own judgment, to value and to interact with. It does not use force to violate the individual’s own reason, his own judgment, his own choice as to what or who is good for him and what or who is not. It does not deem a potential cure for influenza or cancer or canker sores as dangerous until proven safe. It does not regulate opioids or ophthalmologists or Omanis.
“The only proper purpose of a government is to protect man’s rights, which means: to protect him from physical violence. A proper government is only a policeman, acting as an agent of man’s self-defense, and, as such, may resort to force only against those who start the use of force. The only proper functions of a government are: the police, to protect you from criminals; the army, to protect you from foreign invaders; and the courts, to protect your property and contracts from breach or fraud by others, to settle disputes by rational rules, according to objective law. But a government that initiates the employment of force against men who had forced no one, the employment of armed compulsion against disarmed victims, is a nightmare infernal machine designed to annihilate morality: such a government reverses its only moral purpose and switches from the role of protector to the role of man’s deadliest enemy, from the role of policeman to the role of a criminal vested with the right to the wielding of violence against victims deprived of the right of self-defense. Such a government substitutes for morality the following rule of social conduct: you may do whatever you please to your neighbor, provided your gang is bigger than his.” ~ Galt’s speech, Atlas Shrugged, Ayn Rand