Final Monday, the Division of Homeland Safety (DHS) posted a one-minute video on X (previously Twitter) and different social media platforms, splicing collectively clips from the Pokémon anime intro with footage of border patrol brokers arresting people, all set to the primary season’s theme tune.
The put up’s caption was the well-known tagline “Gotta Catch ‘Em All!” On the video’s finish, it displayed Pokémon playing cards that includes photographs of convicted criminals dealing with potential deportation.
The U.S. Customs and Border Safety (CBP) account replied, saying Pikachu as its latest recruit.
The put up shortly went viral, amassing over 63.7 million views on X alone, together with greater than 175,000 likes and 15,000 replies.
Reactions have been sharply divided: some customers discovered it hilarious and praised its creativity, whereas others condemned it as dehumanizing and inappropriate, particularly for utilizing a youngsters’s franchise to advertise immigration enforcement.
Commenters from either side speculated on how Nintendo would reply, given the corporate’s repute for aggressively imposing its mental property rights — evidenced by actions like issuing DMCA takedowns in opposition to over 8,500 GitHub repositories for the Yuzu emulator in 2024 and concentrating on lots of of fan video games on platforms like Game Jolt in a number of waves since 2016. As of now, Nintendo and The Pokémon Firm haven’t issued any public assertion on the matter, regardless of requests for remark from media retailers. Nonetheless, Nintendo has no less than three viable choices.
The primary is to do nothing, permitting the put up to fade from public consideration because the DHS shifts to different content material. This strategy aligns with the corporate’s low-profile technique on publicity.
The second possibility is to file a proper copyright grievance with social media firms like X, requesting the put up’s removing. Whereas rights holders can submit these straight, a surge of consumer reviews can even immediate motion. Given Nintendo’s historical past, this might be efficient with out escalating to litigation.
The third possibility is to sue the federal authorities for copyright infringement. The U.S. authorities has waived sovereign immunity for patent and copyright claims beneath statutes like 28 U.S.C. § 1498. Nonetheless, limitations apply: the case have to be filed within the U.S. Court docket of Federal Claims (which lacks jury trials), and if a authorities contractor is concerned, they might have immunity, redirecting the swimsuit to the federal government itself.
So, what ought to Nintendo do? Don McGowan, former chief authorized officer for The Pokémon Firm, argued for inaction in an announcement to IGN:
“I don’t see them doing something about this for a couple of causes. First, consider how little you see [The Pokémon Company International]’s title within the press. They’re INSANELY publicity-shy and like to let the model be the model. Second, lots of their execs within the USA are on inexperienced playing cards. Even when I used to be nonetheless on the firm I wouldn’t contact this, and I’m probably the most trigger-happy CLO I’ve ever met. This may blow over in a few days they usually’ll be blissful to let it.”
Whereas doing nothing may appear easy, it dangers alienating followers who view it as tacit endorsement of the Trump administration’s insurance policies, probably resulting in backlash. Furthermore, the put up’s large virality might encourage DHS to supply extra Pokémon-themed content material.
Conversely, suing the federal government would probably exacerbate the scenario. Litigation is usually sluggish, pricey, and will draw undesirable unfavorable publicity to Nintendo.
Submitting a copyright grievance with social media platforms seems probably the most balanced strategy. The put up’s excessive visibility would possibly immediate swift moderator motion. There are precedents of DHS posts incorporating others’ IP being eliminated, although it’s usually unclear if this was voluntary or enforced.
In deciding, Nintendo should weigh its buyer base’s reactions amid ongoing gaming tradition wars. Vocal factions embrace progressive “woke” advocates and anti-“woke” critics chanting “go woke, go broke.” Offending both might spark boycott calls, although these teams usually signify a minority. The silent majority tends to prioritize gameplay over politics.
Nonetheless, political messaging has partially contributed to monetary flops, similar to Sony’s Harmony — a hero shooter with an estimated improvement finances of between $200 million and $400 million. It bought solely about 25,000 models throughout PS5 and PC earlier than being pulled offline simply two weeks after its August 2024 launch attributable to poor gross sales and evaluations.
Pokémon stays the world’s highest-grossing media franchise, with cumulative income exceeding $113.7 billion as of 2025, pushed by video games, playing cards, merchandise, and extra. It’s extremely unlikely Nintendo would allow DHS to make use of Pikachu as a mascot or equate Pokémon with convicted criminals. To protect this model’s immense worth, Nintendo should reply — or not — strategically, even when it means tuning out the loudest voices.
Steven Chung is a tax lawyer in Los Angeles, California. He helps folks with primary tax planning and resolve tax disputes. He’s additionally sympathetic to folks with giant scholar loans. He may be reached by way of e-mail at [email protected]. Or you’ll be able to join with him on Twitter (@stevenchung) and join with him on LinkedIn.
