Pokémon Company International says did not give permission for US DHS and ICE viral videos to use copyright music and images

Image credit The Pokemon Company International

The US Immigration and Customs Enforcement (ICE) arm of the Department of Homeland Security (DHS) has been criticised by the Pokémon Company International for using Pokémon copyright material without permission in a viral video celebrating the arrest of people it alleges are illegal immigrants and criminals.

The viral video used the Pokémon theme tune – "Gotta catch 'em all" – and clips from the opening credits of Pokémon's anime TV show, featuring the main character, Ash Ketchum.

The Pokémon Company International said in a statement to media outlets including The Hollywood Reporter and the BBC: "We are aware of a recent video posted by the Department of Homeland Security that includes imagery and language associated with our brand. Our company was not involved in the creation or distribution of this content, and permission was not granted for the use of our intellectual property."

The video, which is still available on the Homeland Security X (formerly Twitter) account and the White House TikTok account, features arrests made by border patrol and ICE agents to a soundtrack of Pokémon's theme song "Gotta catch 'em all". It also includes images of fake Pokémon trading cards featuring mugshots of those arrested by ICE and their alleged crimes.

ICE has been carrying out raids across the US in recent weeks after President Trump vowed to unleash "largest deportation programme of criminals in the history of America." Media reports, however, suggest that many of those arrested and deported may not in fact be criminals, and some, it seems, may in fact be US citizens, not illegal immigrants.

While some of the comments on X and TikTok applaud ICE and the video, many others are calling on Nintendo to sue ICE for copyright infringement. Nintendo has previously angered gaming fans for being quick to sue anyone breaching its copyright.

The Nintendo Company does not yet appear to have initiated any legal action.

However, previous breaches of copyright by ICE and DHS have been challenged by people who alleged infringement of their IP. Recently, an ICE recruitment video posted on DHS social media accounts which allegedly without authorisation used Jay-Z’s “Public Service Announcement” in its soundtrack was taken down, reportedly on the grounds of copyright violation.

And at the end of September, The Hollywood Reporter wrote that US comedian, actor and podcaster Theo Von had demanded that the DHS take down a video using his voice as he had not given permission, and referenced other artists who have similarly complained about the agency’s actions on social media.