Arbitrary Criminalization in America

Everyone's a target

Photo by Emiliano Bar on Unsplash

Picture This

You're a tourist from Portugal visiting Austin, Texas, for a distant relative's wedding. Taking some time away from the events, you and your spouse walk the neighborhood. Out of nowhere, several black SUVs pull up, and armed men race to detain several "illegals." In the wrong place at the wrong time, you're zip-tied and thrown into the back of a van.

Or...

Your local school board has cut back on teachers due to lack of funding. Some of your child's favorite teachers are about to be fired. You join a group of concerned parents to protest peacefully outside the local education department's office. A black SUV with a camera on its roof monitors from a distance, capturing facial images and matching them to identities found on social media. Soon, all protesters are arrested on the grounds they violated distance requirements from a government building.

Or...

Your teenage son, who is interested in new technologies, downloads the latest version of DeepSeek on his phone. Months later, this Chinese AI app is deemed a national security threat, making any download or use a terrorist activity. Days after the law is passed, a task force busts down your door, searches all devices in your home, and detains your son.

My point is: it's becoming remarkably easy to be considered a criminal in America. And just wait until additional frivolous laws are introduced to protect the oligarchy.

Legal Overreach in the United States

This isn't just speculation - there are already numerous examples of legal overreach in the United States. The Patriot Act, passed after 9/11, expanded government surveillance powers, allowing warrantless wiretapping, indefinite detention, and sweeping data collection. Programs like PRISM, exposed by Edward Snowden, revealed that the NSA collected phone records, emails, and online activity from millions of Americans without their knowledge or consent.

Government overreach isn't limited to surveillance. Protesters across the country have been subjected to mass arrests, facial recognition tracking, and heavy police response. In 2020, protests against police brutality were met with tear gas, unmarked federal agents, and preemptive detentions. Laws criminalizing peaceful assembly and expanding domestic terrorism definitions now enable the prosecution of activists and political dissidents.

Additionally, rogue operatives are currently mining U.S. government data, with zero oversight or accountability. Contractors and insiders have misused classified intelligence, sometimes for personal gain or political leverage. Government agencies have also shared massive amounts of intelligence with allies through the Five Eyes alliance, which includes the U.S., U.K., Canada, Australia, and New Zealand. This network allows for extensive surveillance data exchange, often bypassing domestic privacy protections by outsourcing intelligence gathering to foreign partners.

Historically, most citizens have felt insulated from the risk of arbitrary detention. However, America is on a path to something that might soon resemble China, where free speech is restricted, and the interpretation of laws is subjective, giving cover for authorities to disappear anyone they please, including foreign nationals.

Chinese Laws Used to Silence Dissent

Criminal Law (Articles 105, 110, 246, 293) – Punishes subversion, defamation, leaking state secrets, and "picking quarrels," often used to silence dissent.

Cybersecurity & Internet Regulations – Requires real-name registration, restricts online speech, and forces platforms to censor content deemed harmful to the state.

National Security & State Secrets Laws – Broadly defines threats to national security, criminalizing speech that challenges government authority or exposes sensitive information.

Hong Kong National Security Law (2020) – Criminalizes dissent in Hong Kong, including advocacy for democracy and foreign political engagement.

Public Security & Religious Regulations – Allows detention for speech that "disrupts public order" and restricts religious discussions not aligned with state ideology.

Anti-Foreign Sanctions & NGO Laws – Limits foreign influence, bans compliance with foreign sanctions, and restricts civil society groups from promoting human rights or democracy.

Specific Cases of Arbitrary Detention in China

Chinese Citizens

• Xu Zhiyong (2020) – Criticized Xi Jinping.

  • Arrested and sentenced to 14 years in prison for "subversion of state power."

• Li Wenliang (2019-2020) – Warned about COVID-19.

  • Reprimanded by police for "spreading rumors," forced to sign a confession, and later died from COVID-19.

• Zhang Zhan (2020) – Reported on COVID-19 in Wuhan.

  • Sentenced to four years in prison for "picking quarrels and provoking trouble."

• Huang Qi (2016) – Ran a human rights website.

  • Sentenced to 12 years in prison for "leaking state secrets."

• Dong Yaoqiong (2018) – Defaced Xi Jinping’s poster.

  • Forcibly placed in a psychiatric hospital.

Foreign Nationals

• Michael Kovrig & Michael Spavor (2018-2021) – "Hostage Diplomacy."

  • Arrested in retaliation for Canada detaining Huawei executive Meng Wanzhou.

  • Held for nearly three years under espionage charges before a prisoner swap.

• Peter Dahlin (2016) – Supported human rights groups.

  • Forced to confess on state TV and deported after secret detention.

• Yang Hengjun (2019) – Australian writer charged with espionage.

  • Sentenced to death with a two-year reprieve, effectively life imprisonment.

• Mark Swidan (2012 – Present) – American businessman on drug charges.

  • Sentenced to death with a two-year reprieve, likely life imprisonment.

• Kevin Garratt (2014-2016) – Canadian missionary accused of espionage.

  • Held for two years before deportation.

• Cheng Lei (2020-2023) – Australian journalist accused of leaking "state secrets."

  • Held for three years before deportation.

And these cases don't include the countless nameless individuals detained en masse simply for being part of an unfavored group.

The American Future?

Unless something dramatically shifts, this is the future for Americans. Increasingly, people will be detained and prosecuted arbitrarily, without the rights historically afforded to (most) Americans. No fair trials, minimal due process, and cruel and unusual punishments.

This could even include imprisonment off American soil: Guantanamo Bay and El Salvador are actively being considered as options to disappear American citizens and foreign nationals.

One moment, you're in the wrong place at the wrong time; the next, you're chained to a wall in El Salvador, surrounded by MS-13 gang members. Your family has no idea where you are or how to contact you.

The point of all this is to maintain power and wealth by controlling the population. The fear of arbitrary imprisonment ensures nobody speaks ill of the oligarchs. Ironically, this was bought and paid for by 77 million American voters under the guise of freedom.